Pradeep Kumar Vs State Of H.P.
.... the competent jurisdiction. Once the accused is held guilty, the presumption of innocence gets erased. In the same manner, if the accused is acquitted, then the presumption of innocence gets further fortified. 24. From perusal of Section 389 of the Cr. PC, it is evident that save and excep ...
High Court Of Himachal Pradesh
Court On Its Own Motion Vs State Of H.P. And Another
.... division may be appointed by the High Court to be also an Additional Sessions Judge of another division and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, t ...
High Court Of Himachal Pradesh
Narayan Singh Vs State Of Himachal Pradesh
.... witnesses; (iii) that he shall not obstruct the smooth progress of the investigation/trial; (iv) that he shall not commit the offence similar to the offence to which he is accused or suspected; (v) that he shall not misuse his liberty in any manner; (vi) that he shall not ju ...
High Court Of Himachal Pradesh
Rahul Malhotra Vs State Of Himachal Pradesh
.... ating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain whether the accused was participating in the investigatio ...
High Court Of Himachal Pradesh
Kamal Jeet Vs State Of Himachal Pradesh
.... and negligent driven, caused an accident and the deceased lost his life in it. The dismissal of the application has been prayed on the premise that in case the petitioner is released on bail, he may tamper with the prosecution evidence and may also flee from justice. 4. I have heard the l ...
High Court Of Himachal Pradesh
Vijay Kumar Vs State Of Himachal Pradesh
.... a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on ...
High Court of Himachal Pradesh
Dolma Sherpa Vs State of Himachal Pradesh And Another
.... utory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offe ...
High Court of Himachal Pradesh
Krishan Kant Vs State of Himachal Pradesh
.... petitioner to incarcerate in jail for indefinite period, especially when his guilt is yet to be proved by the investigating agency by leading cogent and convincing evidence. 7. Otherwise also, normal rule is of bail and not jail. Apart from above, Court has to keep in mind nature of accusations, ...
High Court of Himachal Pradesh
Court on Own Motion Vs State Of Tripura & Others
.... r any other department are being considered for withdrawal, then the concerned senior most Administrative Officer in the State whether it be Additional Chief Secretary or Principal Secretary or Secretary of the concerned department shall also be invited as a special invitee to the said meeting.” ...
Tripura High Court
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