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RANJAN SHARMA
Jaswinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail Petitioner, namely Jaswinder Singh, has come up before this Court seeking pre-arrest bail, under Section 438 of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’] originating from FIR No.47, dated 23.12.2023, under Sections 354, 354-A, 504 & 506 of the Indian Penal Code [hereinafter referred to as ‘IPC’] registered at Women Police Station Una, District Una [H.P.]
FACTUAL MATRIX
2. The case set up by Mr. Hemant Kumar Thakur, learned counsel for the petitioner, is that the complainant [X] had asked for financial assistance which was extended by the bail petitioner as per details in Para-3 of Annexure P-1. Since the amounts so given to the complainant [X] were not repaid, therefore, the bail petitioner got issued a legal notice on 01.09.2023 [Annexure P-1] but in vain. The bail petitioner is stated to have filed a suit for recovery of Rs.1,26,500/- [Annexure P-2] with Civil Judge (Senior Division), Una, which is pending as on day. The bail petitioner is stated to have made a request to the Senior Superintendent of Police, Rup Nagar, on 27/28.10.2023 [Annexure P-3], requesting the concerned Police Authorities to take action against the c
The main legal point established is that bail should be granted when no prima facie or reasonable grounds exist, and the nature of the crime is a crucial factor in considering bail applications.
The main legal point established in the judgment is that bail is a rule and jail is an exception, and the power under Section 438 of CrPC is to be exercised sparingly. The court emphasized the import....
Anticipatory bail is an exceptional relief to be granted sparingly, considering the nature of the accusations and the balance between individual liberty and societal interests.
The main legal point established is that anticipatory bail is to be granted in exceptional cases where the accusation is frivolous or groundless, and the court must consider the nature of the accusat....
The severity of the accusation, the gravity of the offence, and the accused's criminal history are crucial factors in determining bail eligibility.
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
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.
Bail should not be granted in grave offences against minors.
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