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2022 Supreme(P&H) 100

ANOOP CHITKARA
Gurbachan Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vipin Mahajan, Advocate
For the Respondent: Mr. Harsimar Singh Sitta, AAG

JUDGMENT :

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

38

30.05.2019

Bhaini Mian Khan, District Gurdaspur

385, 387, 427, 336, 379, 506, 411 of IPC and 25 of Arms Act (Sections 385, 34 IPC was deleted and 387, 427, 379, 411 IPC added lateron)

1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraph 7 of the petition, it is declared that the accused has no criminal history.

3. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. Ld. counsel appearing for the State contends that previously this court had dismissed the bail due to gravity of offence.

REASONING:

5. The petitioner was arrested on 30-05-2019 and is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Keeping in view the time already spent in the prison, further incarceration at this stage would not be justiciable.

6

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