High CourtsSingle Bench

Shashi Kumar Sharma vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 24 August 2020 · Citation: (2020) 08 SHI CK 0336

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1442 Of 2020
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Judgment

10 paragraphs · 182 words

Sandeep Sharma, J

1.

By way of instant petition filed under Section 438 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for pre-

arrest bail. However, no details, if any, with regard to FIR has been mentioned in the petition.

2.

Mr. Sudhir Bhatnagar, Additional Advocate General while referring to the averments contained in the petition, contends that present petition has

been filed merely on apprehension and as such, same deserves to be dismissed being pre-mature.

3.

Consequently, in view of the above, learned counsel representing the bail petitioner, seeks permission to withdraw the present petition with liberty to

file afresh at appropriate stage, in accordance with law, if required and desired. Permission granted.

4.

However, having taken note of the averments contained in the petition, this Court deems it fit to direct that in the event of petitioner’s arrest in

connection with FIR, if any, or likely to be filed, he shall be given seven days prior notice, enabling him to approach appropriate Court of law, in

accordance with law, if required and desired.