JAI LAL Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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T.U.MEHTA,C.J - -
(1.) The petitioners have requested by this petition for an anticipatory bail in respect of "any offences registered against them or being investigated by the police in connection with the incident of burning 4 I use, 1 truck and a saw -mill etc. registered with the police stations at Simla, Rohru and Jubbal". On 27 -12 -1978, this Court gave an ad interim bail with regard to the offences under sections L47, 148, 149, 120 -B, 435, 436, 438 and 307 of the Indian Penal Code arising out the incident mentioned in the First Information Report No. 84 of 1978 of the Police Station, Jubbal. Notice was issued to the learned Advocate General to show cause why the ad interim anticipatory bail should not be made absolute. The application was obviously made under section 438 of the Code of Criminal Procedure and the order was passed also under that section. Thereafter, the learned Advocate General appeared and took certain adjournments. To -day was fixed for the final disposal of this application.
(2.) The learned Advocate General contends that the ad interim anticipatory bail granted to the petitioners should be discharged in view of the gravity of the offence. He pointed out that the petitioners are alleged to have committed the offences of very heinous nature against the society by destroying the public property such as passenger buses, trucks and sawmill endangering human life, and since some of these offences are punishable with imprisonment for life, the application of the petitioners for anticipatory bail should be rejected.
(3.) Since the ad interim order was passed only with regard to the F. I. R. No. 84 of 1978 of Police Station, Jubbal, the learned Advocate General was asked to keep the police papers with regard to that case ready for reference in Court. It is stated by the learned Advocate General, in all, four cases have been registered against the petitioners and others for the offences which are stated to have been committed by them at different places during the same night.;
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