Shimla, Aug 7l
Ashish Sharma, the recently re-elected BJP MLA from Hamirpur, has been granted regular bail by the Himachal Pradesh High Court on August 2, 2024.
Judge Sandeep Sharma delivered the ruling, even though investigations continue into allegations of Sharma’s involvement in a financial transaction related to the Rajya Sabha elections. This decision follows an earlier interim bail order dated March 12, 2024.
During the proceedings, Additional Advocate General Rajan Kahol, representing the Investigating Officer, reported that Sharma had complied with all investigation directives. Despite the ongoing investigation due to pending recoveries, Sharma’s cooperation was deemed satisfactory. While acknowledging the severity of the allegations, Kahol suggested that stringent conditions be imposed if the court decided to grant regular bail.
In its decision, the court reiterated that bail should not be used as a form of punishment. Instead, its primary purpose is to ensure the accused’s presence at trial. The court evaluated various factors, including the nature of the accusations, available evidence, potential punishment severity, the accused’s character, and his cooperation with the investigation.
Referencing Supreme Court guidelines on bail, the court emphasized that bail should not be denied if the accused is not absconding and is cooperating with the investigation. Any genuine fear of victimization expressed by the accused should also be considered.
As a result, the court confirmed the interim bail, subject to specific conditions that Ashish Sharma must be available for interrogation if required. He must attend every trial court hearing unless an exemption is granted. He must not tamper with prosecution evidence or obstruct the investigation. He is prohibited from making any inducements, threats, or promises to witnesses and he cannot leave India without prior court permission.
The court clarified that any violation of these conditions could lead to the cancellation of his bail. Additionally, it was noted that these observations pertain only to the bail application and should not be seen as reflecting the case’s merits.
The court also permitted the use of an order copy downloaded from the High Court website, allowing the trial court to verify it without insisting on a certified copy.
This legal development provides Ashish Sharma with significant relief as he continues to navigate his political career amidst ongoing legal scrutiny.
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