LAWS(HPH)-2012-3-125

SHIV KUMAR NEGI Vs. STATE OF HIMACHAL PRADESH

Decided On March 07, 2012
Shiv Kumar Negi Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 38/2012, dated 20.02.2012, registered at Police Station, Dhalli, under Sections 411, 467 IPC. It has been stated that petitioner has been arrested on 22.02.2012 in FIR No. 38/2012, dated 20th February, 2012, registered at Police Station, Dhalli and since then the petitioner is in custody.

(2.) THE allegations against the petitioner are that a stolen car was found which was involved in another case. It has been alleged that petitioner during interrogation has accepted the ownership of the car. The petitioner has tampered with engine and chassis number of the car.

(3.) IT has been submitted that petitioner had earlier filed bail application which has been dismissed by learned Judicial Magistrate Ist Class (2), Shimla, on 27.02.2012. The learned Magistrate has erred in dismissing the bail application of the petitioner.