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DINESH KUMAR SHARMA
Gurusharan Singh Chohan – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
Dinesh Kumar Sharma, J.
CRL.M.A. 10821/2023 (exemption)
1. Exemption is allowed subject to all just exceptions.
BAIL APPLN. 1333/2023
2. The present bail application has been moved under Section 438 of Cr. P.C. seeking anticipatory bail in case FIR No. 159/2020 dated 17.10.2020 registered at PS Crime Branch, under Sections 420/468/471/120B IPC & 3 of Emblems and Names (Prevention of Improper Use) Act, 1950. This is the fourth bail application filed by the petitioner-accused.
3. The first bail application bearing BAIL APPLN. 258/2022 was dismissed as withdrawn vide order dated 07.03.2022. Subsequent to that, the petitioner moved another bail application bearing BAIL APPLN. 350/2022 which was dismissed vide a detailed order dated 31.03.2022 by the learned Additional Sessions Judge-01, North East, Karkardooma, Delhi.
4. The petitioner again invoked the jurisdiction of this Court and filed a bail application bearing BAIL APPLN. 1474/2022, which was also dismissed by a detailed order of this Court dated 08.07.2022.
5. Subsequently another bail application bearing BAIL APPLN. 1495/2022 was preferred and the same was also dismissed by a detailed order dated 24.12.2022 passed by the lea
The power of anticipatory bail should be exercised only in exceptional cases, and the duty of the learned MM to monitor the investigation is crucial in determining the entitlement to bail.
The discretion for granting anticipatory bail should be exercised with care and circumspection, and the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of ....
The main legal point established is the need to balance the protection of personal liberty with the requirements of the investigation when considering a request for anticipatory bail.
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Arrest of an offender during in....
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The main legal point established in the judgment is the requirement for reasonable grounds to believe that the applicant may be arrested for a non-bailable offense, the need to disclose specific even....
(1) Anticipatory bail – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate prote....
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