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2022 Supreme(P&H) 366

ANOOP CHITKARA
Sukhveer Singh Alias Sukhbir Singh Alias Sukha – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Vishva Bahl, Advocate, for the Appellant; Mr. H.S. Multani, DAG, Punja, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

38

10.03.2022

Majitha Road,

Amritsar

379-B(2), 148 & 149 IPC and Section 411 IPC, 1860 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 (CrPC) seeking bail.

2. In paragraph 16 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations are of snatching the valuables by showing the knife and causing the threats to do away with life.

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 parties have settled the matter out of court vide compromise Annexure P-2.

Without commenting the admissibility of such compromise for quashing of FIR, the same deed is accepted for the purpose of granting bail. Furthermore, the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct.

7. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Ben

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