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2022 Supreme(P&H) 304

ANOOP CHITKARA
Palwinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Amandeep Singh Manaise, Advocate, for the Appellant; Mr. Dhruv Dayal, Sr. DAG, Punjab., Mr. G.S. Simble, Advocate for the complainant, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

161

26.07.2021

Civil Lines, Police District Batala,

Distt. Gurdaspur

336, 427, 120-B, 148, 149 IPC read with Section 25/27 of Arms Act (307 IPC added later on)

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

2. In paragraph 15 of the bail petition, the accused declares that he has no criminal antecedents.

3. The incident started when while reversing the accused's tractor hit and broke the boundary wall. After that 4-5 persons arrived and opened fire at the complainant party.

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

5. Ld. counsel representing the State opposes the bail.

REASONING:

6. Ld. Sessions Court has already granted bail to one of the co-accused namely Manjit Singh. On primafacie analysis of the nature of allegations, injuries inflicted by the petitioner, and other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarcera

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