RAJINDER Vs. STATE OF H. P.

JUDGEMENT

(1.) On allegations of possession and sale of 954 grams of Charas, which is an intermediate quantity, the petitioner, 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 18 of the bail application, the petitioner declares having no criminal history 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.