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Judgment
Jyotsna Rewal Dua, J
Instant bail petitions have been moved for grant of anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.46/2020 dated 24.04.2020, statedly registered under Sections 354 and 509 of the Indian Penal Code, at Police Station, Chhota Shimla East, District Shimla.
Interim protection was granted to the petitioners vide order dated 21.05.2020, subject to the conditions stipulated therein.
I have heard learned counsel for the parties through video conference and gone through the status report filed today by the respondent-State through e-mail.
Status report reveals that FIR in question was registered against the petitioners under Sections 354 A(1)(i) and 509 of the Indian Penal Code and further, both the petitioners have joined the investigation, pursuant to the order dated 21.05.2020. Offences under Sections 354 A(1)(i) and 509 of the Indian Penal Code are bailable. As such, instant bail petitions filed under Section 438 of Code of Criminal Procedure are not maintainable and accordingly, the same are dismissed being not maintainable.
Needless to say, in the event of arrest of the petitioners, in the above aforementioned FIR, Investigating Officer is bound by law to release the petitioners on furnishing bail bonds in accordance with Section 436 of the Code of Criminal Procedure.
With the aforesaid observations, the present petitions stand disposed of, so also the pending miscellaneous applications, if any.
The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However, the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.