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2018 Supreme(SC) 1523

A.K.SIKRI, ASHOK BHUSHAN
Chander Kant – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Mr. Govind Goel, Mr. Prijeshwar S. Kanwar and Mr. Ankit Goel, AOR, Advocates., for the Petitioner; Mr. D.K. Thakur, AAG, Mr. S. Ahmed, Mr. V.K. Sharma, Ms. Bharti Tyagi, AOR and Mr. Sanjeev Tyagi, Advocates., for the Respondents

ORDER

1. Leave granted.

2. We have heard learned counsel for the parties.

3. The appellant herein is charged for the offences under Sections 420, 4 67, 4 68 and 120-B of the Indian Penal Code, 1860 (IPC) in the First Information Report No. 235 of 2015 (FIR) registered with Police Station, Dharamshala, Distict Kangra, Himachal Pradesh. After registration of the said FIR and when the investigation was pending the appellant had sought anticipatory bail by filing a petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C), which was dismissed by the High Court on 26.08.2016. However, thereafter the appellant was arrested and taken into police custody and he sought regular bail by filing an application under Section 439 of the Cr.P.C. before the learned Magistrate and on 30.08.2016 bail was granted. This order of grant of bail was challenged by the complainant by filing a petition under Section 482 of the Cr.P.C. in the High Court. The High Court has vide impugned order allowed the said petition and cancelled the bail granted to the appellant by the Magistrate on 30.08.2016. Challenging this order the present appeal is filed.

4. The learned counsel for the appellant ha

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