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ANOOP CHITKARA
Vikram Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
10 | 15.01.2021 | Fattudhinga, District Kapurthala | 323, 452, 148, 149, 506 IPC (Sections 325, 307 IPC added later on and Section 459 added later on after deleted Section 452 IPC) |
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 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. The petitioner along with his accomplices trespassed in the victim's house and inflicted injuries to him.
4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
5. Ld. counsel representing the State opposes bail.
REASONING:
6. The petitioner was allegedly armed with datar but in FIR no injury was attributed to him. There are cross-cases with contradictory versions. Given the nature of allegations, and absence of injuries inflicted by the petitioner, viz-a-viz pre-trial custody of more than two months, coupled with the other factors peculiar to this case, there would be no justifiability for custodia
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, imposing stringent conditions to prevent interference with the investigation and wi....
The court emphasized the need for bail conditions to be proportional to their purpose and to balance the liberty of the accused with the necessity of a fair trial.
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
The main legal point established in the judgment is that the grant of bail is subject to a judicious and compassionate exercise of discretion, taking into account the nature of allegations, the accus....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The main legal point established in the judgment is that the grant or refusal of bail is entirely within the discretion of the judge, and it must be exercised judiciously, compassionately, and in a h....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
The discretion of the judge in granting bail and the imposition of stringent conditions to ensure compliance and the safety of witnesses and victims.
The main legal point established in the judgment is the judicious exercise of discretion in granting bail and the imposition of stringent conditions to prevent interference with the investigation and....
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