Dismissed

Davinder v. State of Hp

Himachal Pradesh HC27 Dec 2019CRMPM/2458/2019

Case brief

AI extract

What is this about?

The petition for interim bail under S. 438 CrPC was dismissed because the petitioner failed to appear despite notice and a non-bailable warrant had already been issued. The Court granted an undertaking to appear on a specified date and directed that the petitioner shall not be arrested before that date unless he fails to appear.

What did the court decide?

Petitioner undertook to appear on 30.12.2019; no arrest to be ordered until failure of appearance.

Davinder Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2019)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CrMP(M) No. 2458 of 2019 Decided on: December 27, 2019

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______________________________________________________________ Davinder ……...Petitioner Versus
State of Himachal Pradesh …Respondent
______________________________________________________________ Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting¹?
____________________________________________________________ For the petitioner: Mr. Maan Singh, Proxy Counsel.
For the respondent: Mr. Sudhir Bhatnagar, Additional Advocate General.
_____________________________________________________________ Sandeep Sharma, J.(Oral)_

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By way of present petition filed under S.438 CrPC, prayer has been made on behalf of the petitioner for grant of interim bail in case FIR No. 148, dated 22.3.2018, registered at Police Station, Una, District Una, Himachal Pradesh under Ss. 451, 323, 147, 148 and 149 IPC.

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Having carefully perused the averments contained in the petition, which is duly supported by an affidavit, especially para-4 thereof, this Court finds that the Challan stands filed but since the petitioner failed to put in appearance despite having received notice, non-bailable warrants have been issued against him. Since learned Court below has already taken cognizance of the Challan filed before it and non-bailable warrants stand issued against the

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Whether reporters of the Local papers are allowed to see the judgment? .

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petitioner for securing his presence, this court is not inclined to entertain the present petition at this stage, as such, same is dismissed. At this stage, learned proxy counsel for the petitioner undertakes to ensure presence of his client before learned Court below on 30.12.2019 .

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In view of above, this Court deems it fit to order that the petitioner shall not be arrested in terms of non-bailable warrants issued by learned Court below till 30.12.2019, however, further decision with regard to grant/non-grant of bail, if any, to the petitioner, shall be taken by learned Court below in the appropriate proceedings, if any, initiated at the behest of the petitioner. It is clarified that in case the petitioner fails to appear before learned Court below on the aforesaid date, Police shall be at liberty to arrest the petitioner in terms of non-bailable warrants issued against the petitioner. Ordered accordingly.

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Copy Dasti.

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(Sandeep Sharma) Judge

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December 27, 2019 (Vikrant)

Davinder v. State of Hp

Case brief

What is this about?

What did the court decide?

Davinder v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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