RS poll ‘offences’: HP High Court grants bail to ex-MLA, two others
Legal Correspondent
Shimla, August 27
The HP High Court has granted anticipatory bail to three persons, who are allegedly involved in “electoral offences” related to the recent Rajya Sabha polls, in which six Congress MLAs and three independent MLAs voted for the BJP candidate. These include former Gagret MLA Chaitanya Sharma his father Rakesh Sharma and Tarun Bhandari.
While granting bail, Justice Sandeep Sharma observed that “freedom of an individual is of utmost importance and cannot be curtailed for an indefinite period. Till the time guilt of the accused is not proved, in accordance with law, he is deemed to be innocent. In the case at hand, the guilt, if any, of the bail petitioners is yet to be proved in accordance with law.”
Justice Sharma further observed, “Object 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 in its order 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 cancellation of the bail.
The police on March 10 had registered a case against Ashish Sharma and others at the Baluganj Police Station in Shimla on the complaint of two Congress MLAs.
