ANUPAM THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant application, under Section 482 of the Code of Criminal Procedure, has been maintained by the petitioner for the following relief :

(2.) As per the petitioner, this Court granted her bail, in a petition maintained, under Section 439 of the Code of Criminal procedure, vide judgment dated 26.5.2020, passed in Cr. MP (M) No.613 of 2020, with the following conditions:

(3.) Mr. Satyen Vaidya, learned Senior counsel appearing for the petitioner has vehemently argued that in other similar bail petition(s), by co-accused, no such condition was imposed. He has further argued that as the petitioner is looking after the work of University, she has to visit the said University, in connection with her work, so the present application may be allowed and the conditions may be modified. On the other hand, Mr. S.C. Sharma, learned Additional Advocate General, has argued that this Court has no power to review its judgment passed in a criminal proceedings, under Section 482 of the Code of Criminal Procedure. He has argued that if the petitioner is allowed to visit the University or near any place to it, she may tamper/hamper the prosecution evidence and since the instant case is based upon the documentary evidence only, the prayer of the petitioner is not required to be accepted. He has further argued that as per Annexure R-1, the petitioner being Deputy Registrar of the University, has to manage the affairs of the University and, in these circumstances also, the petitioner cannot be allowed to visit the University or near any place to it and the present application maintained by her for modification of certain bail conditions is required to be dismissed.