Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.174 of 2025
Date of Decision : 24.01.2025 Manoj Rathi
…… Petitioner
Versus
State of Himachal Pradesh ……Respondent
Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge Whether approved for reporting?1
For the petitioner : Mr. Ankur Mittal, Advocate, through video conferencing, Mr. Lalit Singla & Ms. Varsha Sharma, Advocates.
For the respondent : Mr. Diwakar Dev Sharma, Additional Advocate General. Bipin Chander Negi, Vacation Judge
(oral)
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent.
2. From perusal of Annexure P-1, i.e., notice issued under Section 179 of the Bharatiya Nagrik Suraksha Sanhita, 2023, it is evident that the offences, in the case at hand, are under Sections 74, 75 & 137(2) of the Bharatiya Nyaya Sanhita, 2023. The punishment for the aforesaid offences is less than seven years. 1 Whether reporters of Local Papers may be allowed to see the judgment?
2
3. In the case at hand, if the Police intends to arrest the bail petitioner, then compliance of Section 41 of the Code of Criminal Procedure (now Section 35 of the Bharatiya Nyaya Sanhita, 2023) be scrupulously adhered to as has been laid down by the Hon’ble Apex Court, in Criminal Appeal No.1277 of 2014 @ Special Leave Petition (Crl.) NO.9127 of 2013 titled Arnesh Kumar vs. State of Bihar and Another.
4. In view of above, present petition stands disposed of, so also, the pending miscellaneous application(s), if any.
(Bipin Chander Negi) January 24, 2025 (KS) Vacation Judge