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ANOOP CHITKARA
Balvir Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
76 | 30.04.2022 | Baghapurana, District Moga, Punjab | 408 IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 Cr.P.C seeking anticipatory bail.
2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.
3. On receipt of the complaint about embezzlement of fertilizers and an enquiry was conducted which revealed that an amount of Rs. 12,76,717/- was embezzled.
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.
REASONING:
6. The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a prima facie perusal of paragraph 7 of the bail petition needs consideration for bail.
7. In the present case, the maximum sentence imposable for the offences mentioned in FIR does not exceed seven years. Thus, directions passed in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, (Pa
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in granting bail, considering factors such as the gravity of the offense and the li....
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 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....
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 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 has the discretion to grant bail with stringent conditions, taking into account the accused's background and the principles laid down in relevant case laws.
The main legal point established in the judgment is the court's duty to balance individual freedom and police investigation rights when granting anticipatory bail, imposing stringent conditions to en....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
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