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VIVEK SINGH THAKUR
Pankaj – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner has approached this Court for grant of regular bail under Section 439 of the Code of Criminal Procedure, (in short ‘Cr.P C.’) in case FIR No. 23 of 2021, dated 03.03.2021, registered under Sections 420, 467, 468, 471, 409 and 120-B of the Indian Penal Code in Police Station East Shimla.
2. Status Report stands filed, wherein it is stated that Shri Navin Kumar Patial, Branch Manager of State Bank of India, Panthaghati (Shimla), presented an application to the police, stating therein that on 8.12.2015, co-accused Jitender Verma and Sanjeev Kumar approached State Bank of Bikaner and Jaipur (now after merger, State Bank of India) and made a request for grant of Home Loan of Rs.15,00,000/- for purchase of property, and that request of these co-accused was considered by the Bank and the Bank agreed to grant Home Loan on the terms and conditions as stipulated in the Sanction Letter. Thereafter, in order to secure the loan, these accused persons mortgaged their property and deposited original title document, i.e. Sale Deed, registered vide registration No.2698, vide which equitable mortgage has been created, and the bank sanctioned the loan and ask
The main legal point established in the judgment is that the grant of bail is the rule and refusal is the exception, and the gravity of the offence is an aspect to be kept in view by the Court. The c....
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
The main legal point established in the judgment is that the presumption of innocence lies in favor of the accused, and the object of bail is to secure appearance at trial. The judgment also emphasiz....
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 judgment emphasizes the need to balance personal liberty with the security of the community, considering the gravity of the alleged economic offences and the period of sentence.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
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