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ANOOP CHITKARA
Parveen @ Sumit – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
268 | 10.06.2021 | Taraori, District Karnal | 379-A (deleted), 379-B IPC (added later on) & Sections 25 of Arms Act (added later on) |
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 (Cr.P.C.) seeking bail.
2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.
3. The petitioner along with his accomplice snatched a bag containing Rs. 3,50,000/- cash from the complainant, and sped away in a bike.
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. As per paragraph 9 of the bail petition, the petitioner was arrested on 12-06- 2021. Given the pre-trial custody of more than a year and a month viz-a-viz the amount of Rs. 3,50,000/- which was snatched out of which Rs. 85,000/- was recovered, coupled with the fact that the petitioner is a first offender, further pre-trial incarceration might not be justifiable.
7. In Gurbaksh Singh Sibbia v St
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 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 grant of bail is entirely within the discretion of the judge and must be exercised judiciously, compassionately, and in a humane manner.
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 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 a compassionate and humane exercise of discretion in granting bail, considering the specific circumstances of the case.
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the accused's behavior ....
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