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Jaan Mohammad vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 10 September 2020 · Citation: (2020) 09 SHI CK 0163

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 147, 149, 332, 333, 353, 504
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1581 Of 2020
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Judgment

6 paragraphs · 188 words

Anoop Chitkara, J

1.

The petitioner, apprehending his imminent arrest on being arraigned as an accused, has come up under section 438 CrPC, seeking anticipatory bail.

2.

Based on the complaint, the Police registered FIR No.250 of 2020, dated 8.8.2020, under Sections 353, 332, 333, 147, 149, 504 of the Indian Penal Code, 1860, (IPC), in Police Station, Sadar Chamba, District Chamba, Himachal Pradesh, disclosing cognizable and non-bailable offences.

3.

I have seen the status report and heard counsel for the parties. Mr. Nand Lal Thakur, learned Additional Advocate General, assisted by Ms. Divya Sood, learned Deputy Advocate General, submits that petitioner, Jaan Mohammad had caused injury to the complainant which led rupture of his retina.

4.

Mr. Sanjeev Bhushan, learned Senior Advocate, who is also assisting the State on behalf of the complainant, submits that an eye of Shri Sunil Kumar, appears to have been permanently damaged. However, the State does not attribute this injury to the other accused- petitioners before this Court.

5.

Given above, the petition filed by the present petitioner, is dismissed. Interim protection granted vide order dated 8.9.2020, is ceased with immediate effect.