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2018 DIGILAW 2226 (HP)

Hanish Mohammed v. State of Himachal Pradesh

2018-12-17

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. This bail application has been filed under Section 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 Section 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. 4. The details of the cases mentioned in the police report also contain the information that the petitioner was convicted in case FIR No.54/2008, under Section 379 IPC, read with Section 26 of the Indian Forest Act and was sentenced to undergo imprisonment for one year and pay fine of Rs. 2,500/-, by Judicial Magistrate 1st Class (1), Paonta Sahib. 5. It is true that nothing is to be recovered from the petitioner. However, keeping in view the antecedents of the petitioner, particularly the fact that besides the present case there are two FIRs, which are found to have been registered against him during this year only, being FIRs No.202/18 and 219/18, I find that he is not entitled for grant of anticipatory bail. He is at liberty to seek regular bail, as the provisions of Section 438 Cr.P.C. are not meant for those who are habitual offenders and do not care for law and order. 6. Accordingly, the present application is dismissed, with a direction to the petitioner to surrender. He is at liberty to seek regular bail, as the provisions of Section 438 Cr.P.C. are not meant for those who are habitual offenders and do not care for law and order. 6. Accordingly, the present application is dismissed, with a direction to the petitioner to surrender. He is at liberty to seek regular bail from the competent Court of law and in that eventuality the observations made by this Court, with respect to the past conduct of the petitioner, shall not come in its way, for considering his bail application, but the concerned Court shall consider the entire facts and the circumstances of the case, including the nature and gravity, and shall decide the application on its own merit, applying its independent mind. Application stands disposed of.