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ANOOP CHITKARA
Gurdev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
32 | 06.05.2022 | Kalanaur, District Gurdaspur | 420, 465, 467, 468, 471 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 9 of the bail petition, the accused declares that he has no criminal antecedents.
3. The allegations are of mortgage in the year 2005 and its redemption and re-mortgage.
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. Apart from probably criminal offences, the dispute is also of civil nature and given this there would be no justification for pre-trial incarceration more so because the incidence is quite old, coupled with the other facts and circumstances peculiar to the case. 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 4 of the bail petition needs consideration f
The main legal point established in the judgment is the discretion of the court in granting bail, the need for a cumulative consideration of circumstances, and the imposition of stringent conditions ....
The main legal point established in the judgment is that a first-time offender may be entitled to bail, but stringent conditions may be imposed to prevent potential misconduct.
The discretion of the judge in granting bail, the need for a balanced approach between individual rights and the state's interest in investigation, and the importance of imposing stringent conditions....
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 main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, the discretion of the judge in granting bail, and the importanc....
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....
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 court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The discretion of the judge in granting or refusing bail must be exercised judiciously, compassionately, and in a humane manner, considering the balance between personal freedom and the right of poli....
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