LAWS(HPH)-2018-12-68

HANISH MOHAMMED Vs. STATE OF HIMACHAL PRADESH

Decided On December 17, 2018
Hanish Mohammed Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This bail application has been filed under Sec. 438 of the Code of Criminal Procedure, seeking anticipatory bail in FIR No.331/18, dated 27.11.2018, under Sections 379, 120B of the Indian Penal Code, 41,42 of the Indian Forest Act & 181 of the Motor Vehicles Act, registered at Police Station, Paonta Sahib, District Sirmaur, Himachal Pradesh.

(2.) As per the Status Report filed, the investigation is still in progress and that the petitioner is a habitual offender of committing the offences, as against him as many as 12 FIRs were lodged. Therefore, it is prayed that he is not entitled for any relief under Sec. 438 of the Code of Criminal Procedure.

(3.) It is pointed out by the learned counsel for the petitioner that out of these 12 cases, petitioner was acquitted in five cases and in two cases cancellation reports were submitted by the prosecution and three cases are still pending for trial before the Court/Gram Panchayat, whereas in one case FIR No.19/18, investigation is still in progress.