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ANOOP CHITKARA
Mandhir Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
68 | 12.03.2021 | Patran, District Patiala | 406 and 420 IPC |
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 438 Cr.P.C. seeking anticipatory bail.
2. In paragraph 11 of the bail application, the accused declares the following criminal antecedents:
Sr. No. | FIR No. | Date | Offences | Police Station |
1. | 107 | 12.05.2014 | 341, 323, 506, 148 and 149 IPC | Patran, District Patiala |
3. The allegations relate to embezzlement of sacks of paddy.
4. Ld. Counsel for the petitioners contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioners and family.
5. Ld. counsel representing the State submits on instructions received from concerned police official that the petitioners have joined the investigation and is no more required.
REASONING:
6. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble Supreme Court holds,
[10] It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of th
The main legal point established in the judgment is the need for the court to act judiciously with reasonableness when considering bail for an accused with a criminal history, and the imposition of s....
The duty of the court to balance individual's right to personal freedom and the right of police investigation, and the imposition of restrictive conditions to ensure uninterrupted and unhampered inve....
The court may grant anticipatory bail with stringent conditions to prevent the accused from influencing the investigation, tampering with evidence, or intimidating witnesses, considering the nature o....
The main legal point established in the judgment is that the court may grant bail with stringent conditions, taking into account the nature of the allegations, the petitioner's criminal antecedents, ....
The main legal point established in the judgment is the need for judicious consideration of criminal history and the imposition of stringent conditions to address concerns related to influencing the ....
The Court emphasized the need to consider the criminal history of the accused, the maximum sentence imposable for the offences, and the balance between personal freedom and the right of police invest....
The main legal point established in the judgment is the need to consider the accused's criminal history, the nature of allegations, and the possibility of influencing the investigation and intimidati....
The grant of bail must consider the cumulative effect of various circumstances justifying the grant or refusal of bail, and stringent conditions can be imposed to prevent influencing the investigatio....
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