Mohinder Kumar vs State Of Himachal Pradesh on 13 April, 2018

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Himachal Pradesh High Court

Mohinder Kumar vs State Of Himachal Pradesh on 13 April, 2018

Bench: Ajay Mohan Goel

        IN THE HIGH COURT OF HIMACHAL PRADESH,
                        SHIMLA




                                                         .
                                     CRMPM No.: 409 of 2018





                                     Decided on: 13.04.2018.

    Mohinder Kumar                                    ....Petitioner.





               Versus

    State of Himachal Pradesh                        ...Respondent.





    Coram

    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1 No

    For the petitioner    :     Mr. Sanjay Jaswal, Advocate.

    For the respondent   :      Mr. Desh Raj Thakur, Addl.
                                Advocate General.

                         : ASI Bachan Singh, IO PS



                           Shahpur, District Kangra,
                           present alongwith case records.
    Ajay Mohan Goel, Judge (Oral)

By way of this petition filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to 'Cr.P.C.' for short), the petitioner has prayed for grant of regular bail in case FIR No. 43/18, dated 02.03.2018, registered against him at Police Station Shahpur, District ::: Downloaded on - 13/04/2018 23:30:36 :::HCHP Kangra, under Sections 302, 201, and 120B of Indian Penal Code (hereinafter referred to as 'IPC' for short).

2. Status report stands filed, which is perused and taken on record.

3. Learned Additional Advocate General has apprised the Court that immediately after commission of the offence, the petitioner absconded and it was subsequently when he was caught while committing other offence under Section 379 of IPC and in these circumstances, there is every chance that after getting bail, he might abscond again.

3. Taking into consideration the arguments advanced by learned Additional Advocate General, in my considered view, it is not a fit case where this Court should exercise its discretion to enlarge the petitioner on bail under Section 439 of Cr.P.C. Further taking into consideration the gravity of the offences levelled against the petitioner, this Court is of the opinion that no relief under Section 439 of Cr.P.C can be granted to him.

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In view of above, the petition is dismissed.

Pending miscellaneous application(s), if any, also stands .

disposed of.

(Ajay Mohan Goel) Judge April 13, 2018.

      (narender)




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