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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Asheesh Kuma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner Asheesh Kumar has filed the present petition under Section 482 of the Code of Criminal Procedure, (hereinafter referred to as ‘the Cr. P.C.’), for quashing of order dated 7.2.2022, passed in Cr. M.A. No. 271/2022, titled as, ‘State vs. Rumit Singh Thakur’, passed by the learned Judicial Magistrate First Class, Nahan, District Sirmour, H.P. (hereinafter referred to as ‘the Magistrate’).
2. By way of order dated 7.2.2022, the learned Magistrate has released respondent No. 5, on bail, when he was produced by the Police, in connection with FIR No. 19 of 2022, dated 6.2.2022, (hereinafter referred to as ‘the FIR in question’), under Section 3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act’) and Section 153(a) of the Indian Penal Code (hereinafter referred to as ‘the IPC’).
3. Brief facts, leading to filing of the present petition, before this Court, as borne out from the record, are that respondent No. 5 (hereinafter referred to as ‘the accused’) was arrested in the FIR in question and was produced before the learned Magistrate, on 7.2.2022.
4. Learned Magistrate has
The Magistrate retains the authority to grant bail in cases under the SC & ST Act unless explicitly restricted by law, despite the exclusive jurisdiction of Special Courts for trial.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
Even if the accused is a habitual offender, recidivism does not automatically negate the right to bail, especially for minor offenses. The presumption of innocence must be upheld.
: Grant of bail – State Government has power to designate one or more Courts of Session as Special Courts for trial of offences under any or all enactments specified in Schedule to NIA Act.
The court affirmed that in cases triable by Magistrates, the discretion to grant bail should be exercised liberally, emphasizing the presumption of innocence and the importance of not prolonging dete....
Bail orders should not be cancelled based on hyper-technical grounds in the absence of compelling circumstances, especially when prior judicial decisions affirmed bail rights.
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
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