BHOOP RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner/accused against his cancellation of bail by learned Judicial Magistrate 1st Class, exercising the power under Section 437(5) of Code of Criminal Procedure (hereinafter to be referred as Cr.P.C.) on an application preferred by the respondent/State after passing of order dated 17.5.2018 by learned Division Bench of this High Court in CWPIL No. 45 of 2018 directing that it would be open for the State to move an appropriate application seeking cancellation of bail of the petitioner.

(2.) I have heard Shri Ankush Dass Sood, learned Senior Advocate, under the instructions of Shri Rakesh Chauhan, learned counsel, for the petitioner/accused and learned Deputy Advocate General for the State/respondent.

(3.) Brief facts of the case are that on the basis of complaint preferred by the complainant Anu Thakur Range Forest Officer, Koti, on 12.1.2018, an FIR No. 11 of 2018 was registered in P.S. Dhalli under Sections 32, 33, 41 and 42 of Indian Forest Act and Section 379 of Indian Penal Code (in short 'IPC'). During investigation, petitioner/accused was arrested on 20.1.2018 and was remanded to police custody for three days and thereafter he was released on bail on 24.1.2018, subject to following conditions:-