In a Section 438 bail application for false implication in an IPC case, the court exercised judicial discretion to grant transit bail for seven days to approach the appropriate court in Punjab.
Transit bail until 5th July, 2017, on personal bond of 20,000 with one surety, subject to joining investigation and other conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No. 879 of 2017 Decided on: 28th June, 2017
Manoj Kumar & another
....Petitioners
Versus
State of Himachal Pradesh
…Respondent
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No.
For the petitioners : Mr. Salochana Rana, Advocate. For the respondent : Mr. Pushpinder Singh Jaswal, Dy. Advocate General and Mr. Rajat Chauhan, Law Officer.
Chander Bhusan Barowalia, Judge (oral)
The present bail application is maintained by the petitioners under Section 438 of the Code of Criminal Procedure for grant of pre-arrest/transit bail in case FIR No. 171/2017, dated 04.06.2017, under Sections 363, 366-A & 120-B of the Indian Penal Code, registered at Police Station Salem Tabri, Ludhiana, Punjab. 2. As per the petitioners, they are innocent and have been falsely implicated in this case. Further the petitioners are working in a private company at Solan for about one year and
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2
as alleged, they have never visited the place of occurrence, where the FIR was registered against them.
3
any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court.
(Chander Bhusan Barowalia) 28th June, 2017 Judge
(raman)
2 issues framed by the court
Whether the petitioners for a Section 438 bail application should be granted transit bail to approach the appropriate court at Ludhiana.
What conditions should be imposed on the grant of transit bail in this case.
2 provisions across 2 enactments
Manoj Kumar
Another
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
