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ANOOP CHITKARA
Ladwinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
85 | 21.04.2022 | Dhuri, District Sangrur | 458, 354, 323, 506, 148, 149 IPC, 1860 |
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 11 of the bail petition, the accused declares that he has no criminal antecedents. Ld. Counsel for the complainant had stated that there was another FIR against the petitioners, which fact they concealed from the court. On this, the court had sought explanation from the petitioners. Mr. Ahluwalia, Ld. Counsel explained that the FIR pertained to the same date and same occurrence as such was not in the notice of the petitioners. The explanation is well founded and accepted.
3. The allegations pertain to assault and injuries.
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 petitioner and family.
5. Ld. counsel representing the State opposes bail. The contention of behalf of the complainant is that the petitioners are not at all entitled to bail.
REASONING:
6. Th
The court's decision was influenced by the delay in FIR registration, the accused's criminal antecedents, and relevant legal provisions such as bail criteria, conditions for granting bail, and the ac....
The main legal point established in the judgment is the need for a balanced approach in granting bail, the discretion of the judge in imposing stringent conditions, and the importance of addressing c....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation when considering anticipatory bail in criminal cases.
The grant or refusal of bail is entirely within the discretion of the judge, and the court must strike a balance between the individual's right to personal freedom and the right of police investigati....
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 main legal point established in the judgment is the judicious exercise of discretion in granting bail and the imposition of stringent conditions to prevent interference with the investigation and....
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 considered various legal precedents related to bail decisions, including the lack of motive for the alleged offence and the petitioner's first-time offender status, in reaching its decision....
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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