Himachal Pradesh High Court grants anticipatory bail to Hamirpur MLA

Shimla, August 5

The Himachal Pradesh High Court has granted anticipatory bail to Hamirpur MLA Ashish Sharma with a condition that he will cooperate with the investigation and not leave the country without the permission of the court.

While granting bail, Justice Sandeep Sharma observed that “objective of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail”.

The court clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency would be free to move this court for the cancellation of the bail.

The police on March 10 registered a case against the MLA over “electoral offences” related to the Rajya Sabha poll in which six congress MLAs and three Independents had voted for the BJP candidate. A case of criminal conspiracy, corrupt practices and undue influence on election has been registered at Boileauganj Police Station on the complaint of two Congress MLAs. It was contended in the bail petition that he was innocent and had been falsely implicated in the case and that the allegations were politically motivated. — OC