SURENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) An under-trial prisoner, in custody since 23 rd February, 2018, for possessing commercial quantity of Charas, has come up before this Court under Sec. 439 of CrPC, seeking bail.

(2.) Earlier, the petitioner had filed a petition under Sec. 439 CrPC before the concerned Sessions Court. However, vide order dtd. 12/11/2020, learned Special Judge, Mandi dismissed the petition.

(3.) The petition is silent about criminal history, however, Mr. S.K. Banyal, 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.