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ANOOP CHITKARA
Chet Ram – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
111 | 05.05.2022 | Canal Colony, District Bathinda | 452, 467, 471, 341, 323, 506, 34 IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 7 of the bail petition, the accused declares that he has no criminal antecedents.
3. The complainant alleged that the land which he had purchased from the petitioner did not belong to him. When they confronted with this, they were given beatings by his henchmen.
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 similarly placed co-accused has been granted anticipatory bail and thus, the petitioner's case which is almost same, is covered under the principles of parity. The petitioner 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, (Para 30), a C
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 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 or refusing bail must be exercised judiciously, compassionately, and in a humane manner, considering the balance between personal freedom and the right of poli....
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 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 court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
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 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.
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