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2022 Supreme(P&H) 339

ANOOP CHITKARA
Nitin – Appellant
Versus
State Of Ut, Chandigarh – Respondent


Advocates Appeared:
Mr. Yogesh Kumar Saini, Advocate, for the Appellant; Mr. Akashdeep Singh, Advocate for UT, Chandigarh, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

159

20.09.2021

Manimajra, Chandigarh

379(B), 411, 34 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 (Cr.P.C) seeking bail.

2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.

3. On Sep 17, 2021, the complainant alleged that when she was walking towards the market, then one boy snatched her gold chain from behind and ran towards a bike, on which another boy was waiting, and both fled away. The investigation led the petitioner's arrest.

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 is in custody for nine months and 27 days, i.e., around Ten months. Thus on the grounds of prolonged pre-trial incarceration coupled with the facts that he 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

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