Arif Khan vs State Of Himachal Pradesh
2021 Latest Caselaw 3459 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                  CRMP(M) No. 1130 of 2021




                                                                      .
                                                  Decided on: 03.08.2021.





      Arif Khan                                                   ....Petitioner.

                   Versus





      State of Himachal Pradesh                                   ...Respondent.
      Coram
      The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
      Whether approved for reporting?1 No





      For the petitioner    :    Mr. Manoj Pathak, Advocate.

      For the respondent          :       M/s Sumesh Raj, Adarsh Sharma,
                                          and Sanjeev Sood, Additional
                                          Advocate Generals with Mr. Kamal
                     r                    Kant Chandel, Deputy Advocate

                                          General.

                                          (Through Video Conference)
      Ajay Mohan Goel, Judge (Oral)

While going through the bail petition, it has come to

the notice of the Court that this petition filed under Section 439 of

the Code of Criminal Procedure is typed on green papers whereas

the affidavit appended therewith, purportedly sworn in support

thereof, is typed on white papers and attested by a Notary at

Chandigarh. Not only this, the bail petition is not attested by the

Notary. Whereas the bail petition is stated to have been prepared

at Shimla, the affidavit as mentioned hereinabove, has been sworn

in at Chandigarh. The only conclusion which can be drawn from

the same is that the affidavit, in fact, was not prepared alongwith

1 Whether reporters of the local papers may be allowed to see the judgment?

the bail petition and solitary page of the affidavit was got attested

from the Notary at Chandigarh, in which, nothing is mentioned as

.

to how many paragraphs etc. are there in the bail petition, in

support whereof the same is being filed, besides independently

preparing the bail petition on different pages and appending them

with the affidavit. The Court takes exception to this kind of

practice because this is not the spirit of filing of the bail petitions

duly supported by attested affidavits and, in fact, if this kind of

practice is permitted, then, the sanctity of the pleadings will be

lost.

2. At this stage, Mr. Manoj Pathak, learned Counsel for

the petitioner submits that he has instructions to withdraw this

petition but with liberty to approach the Court afresh at a later

stage, if so advised. The petition is accordingly permitted to be

withdrawn, with liberty as prayed for.

                                                     (Ajay Mohan Goel)
    August 03, 2021                                          Judge





         (narender)