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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Madhu Bala – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The petitioners have filed the present petitions for seeking their pre-arrest bail. It has been asserted that F.I.R. No. 6 of 2025, dated 06.01.2025 was registered against the petitioners for committing offences punishable under Sections 420, 406 and 506 of Indian Penal Code (IPC) at Police Station Rampur Bushehar, District Shimla, H.P. The petitioners had filed bail petitions before learned Sessions Judge, Rampur Bushehar, which were dismissed on 20.01.2025 on the ground that the petitioners joined the investigation only on 19.01.2025. No notice was issued to the petitioners. The petitioners contacted the Investigation Officer, who asked them to join the investigation on 14.01.2025 but changed the date to 15.01.2025. The petitioners approached the Investigating Officer on 15.01.2025, who told them to visit the police station on the next day, as he was transferred to Police Station Dhalli, Shimla. The petitioners joined the investigation on 19.01.2025 and answered all the questions asked by the Investigating Officer. The petitioners were falsely implicated, and they had nothing to do with the commission of the crime. The dispute between the parties r
Anticipatory bail should be granted sparingly in cases of economic offences due to their potential to undermine public interest and the necessity for custodial interrogation.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, particularly in cases involving economic offences, where custodial interrogation is essential for effective investigatio....
Anticipatory bail should only be granted in exceptional cases, considering serious allegations, potential for witness tampering, and necessity for custodial interrogation.
Point of Law : Grant of Bail - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information an....
Pre-arrest bail denied in serious offences of abduction, assault and robbery where petitioners named by co-accused, custodial interrogation needed for ongoing investigation with recoveries pending, a....
The court emphasized that anticipatory bail in economic offences should be granted sparingly, considering the gravity of accusations and the potential for tampering with evidence.
Pre-arrest bail is an extraordinary remedy that should be granted sparingly, particularly in economic offences, where custodial interrogation is necessary for effective investigation.
Economic Offence - Refusal to grant pre-arrest bail - Petitioner has made out no case for his release on pre-arrest bail, more particularly when present is prima-facie not a case where allegations br....
Pre-arrest bail – Liberty as guaranteed under Article 21 of Constitution of India being one of cherished objects of our Constitutional ideals, cannot be curbed on mere suspicion.
The court held that anticipatory bail should be granted sparingly, especially when custodial interrogation is necessary for effective investigation.
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