Petitioner seeking bail application filed prematurely in High Court after trial court investigation completed. Allowed withdrawal with liberty to approach trial court per Apex Court directions; present petition dismissed.
Leave and liberty granted to file fresh bail application in trial court; present petition dismissed as withdrawn.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr. MP (M) No. 692 of 2017. Decided on: 31st May, 2017
Ranjeet Kumar .......Petitioner.
Versus State of H.P. ….…Respondent.
Coram
The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?1 No.
For the petitioner : Mr. N.S. Chandel, Advocate.
For the Respondent : Mr. Pramod Thakur, Addl. A.G and Mr. Varun Chandel, Addl. A.G. ASI Ashok Kumar, Incharge, PP, Bassi, Police Station Jogindernagar, District Mandi, along with record.
Dharam Chand Chaudhary, J. (oral).
Heard.
was filed by the accused-petitioner in Sessions’ Court at a stage when the investigation in progress. Now, the investigation of the case is complete and the challan also stands filed in the Court of learned
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2
Additional Sessions Judge ((II), Mandi, H.P. In the changed circumstances, the accused-petitioner should have filed the application for grant of bail firstly in the trial Court itself because it is now for learned trial Judge to consider and decide the application on appreciation of the record of the case available before him. Being so, learned counsel seeks permission to withdraw this petition at this stage with liberty reserved to file fresh application in the trial Court. There shall be a direction to learned trial Court to consider and decide the application, if any, filed at the earliest and keeping in mind the directions of the Apex Court in Criminal Appeal No. 509 of 2017,
Hussain and another V. Union of India and its connected matters decided on 9th March, 2017. The leave and liberty as sought is granted. The petition, as such, is ordered to be dismissed as withdrawn at this stage.
(Dharam Chand Chaudhary) May 31, 2017 (naveen) Judge.
1 issue framed by the court
Whether the petitioner can withdraw the bail petition filed in the High Court to file a fresh application in the trial court after investigation is complete.
Colour shows how this judgement treated each authority
Hussain and another V. Union of IndiaExplained¶15
Criminal Appeal No. 509 of 2017, Hussain and another V. Union of India
Ranjeet Kumar
State of H.P.
Dharam Chand Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
