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ANOOP CHITKARA
Rawatmal Kaushik @ Rawatmal Sharma – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
238 | 24.07.2022 | City Mahendergarh, Distt. Mahendergarh | 120-B, 406 & 420 IPC |
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 19 of the bail petition, the accused declares that he has no criminal antecedents.
3. The allegations are of cheating and misappropriation by the petitioner and the other accused.
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 bail. Learned counsel appearing for the complainant also opposes the bail.
REASONING:
6. The petitioner is aged 82 years and on this ground alone, this court is inclined to grant him the bail. It is clarified that this bail has been granted only because of the old age of the petitioner, and it shall be not be considered on parity with the other accused.
7. In the present case, the maximum sentence imposable for the offences mentioned in FIR does not exceed seven years. Thus
The court balanced the individual's right to personal freedom and the right of police investigation, imposing stringent conditions to ensure an uninterrupted and unhampered investigation.
The main legal point established in the judgment is the need to balance personal freedom with the right of police investigation, and the importance of imposing stringent conditions to prevent interfe....
The need to balance personal freedom and the right of police investigation, imposing restrictive conditions, and providing opportunity for course correction.
The court can grant anticipatory bail with stringent conditions if the petitioner's age, being a first offender, and the maximum sentence for the offenses do not exceed seven years.
The main legal point established in the judgment is that the grant of bail, even in serious cases, should be considered based on the nature of allegations, the accused's criminal antecedents, and rel....
The court balanced the individual's right to personal freedom with the right of police investigation, considering the accused's age, criminal antecedents, and the maximum sentence for the offenses.
The main legal point established in the judgment is the grant of anticipatory bail with stringent conditions to prevent influencing the investigation and intimidating witnesses.
The court balanced the accused's right to personal freedom with the necessity of a fair trial and imposed stringent conditions to prevent influencing the investigation, tampering with evidence, or in....
The main legal point established in the judgment is the court's power to impose restrictive conditions while granting anticipatory bail, balancing personal freedom and the right of police investigati....
The court emphasized the need to balance personal freedom and police investigation when granting anticipatory bail, citing previous court decisions and imposing stringent conditions to ensure uninter....
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