KANAV Vs. STATE OF H.P.

JUDGEMENT

(1.) For accusations of attacking the house of the complainant, injuring his father, ransacking the house and beating the family members, the petitioner, who is now apprehending arrest, has come up before this Court under Section 438 CrPC, seeking anticipatory bail. Vide order dated 04.01.2021, this Court had granted interim protection, directing him to join investigation, which he did.

(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, AIR 1980 HP 36, (Para 9 and 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.) The bail petition is silent about criminal history, however, learned counsel for the bail petitioner states on instructions that the petitioner has no criminal past relating to the offences prescribing sentence of seven years and more, or when on conviction, the sentence imposed was more than three years. The status report also does not mention any criminal past of the accused.