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2022 Supreme(P&H) 303

ANOOP CHITKARA
Sukhvir Kaur – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Krishan Singh Dadwal, Advocate, for the Appellant; Mr. Dhruv Dayal, Sr. DAG, Punjab, Mr. Amit Dhawan, Advocate for the complainant, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

85

25.05.2022

Adampur, District Jalandhar

307, 506, 427, 120-, 148, 149 IPC and Sections 25 and 27 of the Arms Act, 1959

1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 11 of the bail application, the accused declares that there are no cases against the second petitioner, however, the first petitioner has the following criminal antecedents:

Sr. No.

FIR No.

Date

Offences

Police Station

1

162

08.07.2017

15 of NDPS Act

-

2.

56

29.03.2006

15/61/85 NDPA

-

3.

116

15.07.2018

15 of NDPS Act

Maqsudan District Jalandhar (Rural)

3. The complainant alleged that the Gurmeet Singh, husband of first petitioner and father of the second petitioner hired professional killers to kill him because he had put mud on a land which the accused party claimed to own. The assailants allegedly fired upon the complainant but he was saved.

4. Ld. Counsel for the petitioners contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioners and family.

5. While opposi

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