SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(HP) 239

VIVEK SINGH THAKUR
Freed – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Kush Sharma, Mr. Gobind Korla.
For the Respondents: Mr. Ashok Sharma, Mr. Shiv Pal Manhans, Mr. Hemant Vaid.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. These bail applications, filed by petitioners under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) seeking anticipatory bail, apprehending their arrest, in Case FIR No. 78 of 2020, dated 22.6.2020, registered, under Sections 147, 148, 149, 323, 307 and 341 of the Indian Penal Code, in Police Station Majra, District Sirmour, Himachal Pradesh, adjudicated on the basis of common record and submissions, are being decided together by this common judgment.

2. Section 438 of the Cr.P.C. as existing on date, reads as under:

    “438. Direction for grant of bail to person apprehending arrest:-

(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter-alia, the following factors, namely:-

(i) the nature and gravity of the accusation.

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conv

                          Click Here to Read the rest of this document
                          1
                          2
                          3
                          4
                          5
                          6
                          7
                          8
                          9
                          10
                          11
                          SupremeToday Portrait Ad
                          supreme today icon
                          logo-black

                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                          Please visit our Training & Support
                          Center or Contact Us for assistance

                          qr

                          Scan Me!

                          India’s Legal research and Law Firm App, Download now!

                          For Daily Legal Updates, Join us on :

                          whatsapp-icon telegram-icon
                          whatsapp-icon Back to top