ANUP RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Anup Ram, has approached this Court by way of instant bail petition filed under Sec. 439 of Cr.PC, praying therein for grant of regular bail in FIR No. 27/15 dated 28.4.2015, under Sections 420, 406, 468, 471, 120B of Penal Code and Sec. 13(2) of Prevention of Corruption Act, registered at police station H.P. C.I.D. Bharari, Shimla, Tehsil Shimla, District Shimla, H.P.

(2.) Sequel to order dated 13.9.2018, Dy. S.P. Rahul Sharma, SCRB CID, Shimla, H.P., has come present alongwith records. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report. Record perused and returned.

(3.) Close scrutiny of record reveals that petitioner had earlier filed petition under Sec. 438 Cr.PC before this Court and this Court while granting interim bail to the petitioner, directed him to deposit the loan amount on or before 31.10.2015. But since the petitioner failed to comply with aforesaid condition/stipulation with regard to deposit of loan amount, contained in order dated 13.10.2015, passed by this Court, he came be arrested on 31.7.2018. Subsequently, bail petitioner moved an application under Sec. 439 Cr.PC in the Court of learned Special Judge, Kullu praying therein for grant of regular bail, however, learned Special Judge, Kullu vide order dated 13.8.2018, rejected the bail on the ground that since bail petitioner failed to comply with order dated 14.7.2015, passed by the High Court, he cannot be enlarged on bail. In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein for grant of bail.