SADH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On allegations of possessing 220 grams of charas, which is an intermediate quantity, the petitioner, apprehending arrest, came up before this Court under Sec. 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, 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.) In Para 8 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.