MOHIT JAISWAL Vs. STATE OF H. P.

JUDGEMENT

(1.) For committing culpable homicide, the petitioner, now apprehending arrest came up before this Court under Section 438 CrPC, seeking anticipatory bail.

(2.) A perusal of the petition reveals that the petitioner straightaway filed the bail petition before High Court, which is permissible given the decision of a three Judges Bench of HP High Court, in Mohan Lal v Prem Chand, 1980 AIR(HP) 36 , (Para 9 & 15), wherein the Full bench holds that a person can directly apply for an anticipatory bail or regular bail to the High Court without first invoking the jurisdiction of the Sessions Judge.

(3.) In Para 10 of the bail application, the petitioner declares of a case under S. 498- A IPC, and no other criminal history. The status report also does not mention any criminal past of the accused.