MUKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition is under Section 438 of the Criminal Procedure Code seeking anticipatory bail in connection with F.I.R. No. 136 of 2019, dated 30.4.2019, registered at Police Station Paonta Sahib, Distt. Sirmaur, H.P. under Sections 279, 304-A Indian Penal Code read with Section 187 of the Motor Vehicles Act.

(2.) I have gone through the status report on record and heard learned counsel for the parties. All these offences are bailable in nature. Petition under Section 438 Cr.P.C. is maintainable only when the offences are non-bailable. Hence this petition is dismissed being not maintainable.

(3.) Needless to say that in the event of the arrest of the petitioner, the Investigating Officer is under legal obligation to release the petitioner on furnishing bail bonds in terms of Section 436 Cr.P.C.