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2022 Supreme(P&H) 139

ANOOP CHITKARA
Boora Ram @ Burha Ram – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Arnav Sood, Advocate, for the Appellant; Mr. R.S. Khaira, AAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

57

29.04.2021

Mehtiana, District Hoshiarpur

324, 341, 148, 149, 506 IPC and Section 326 IPC added later on

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 9 of the bail petition, the accused declares that he has no criminal antecedents.

3 The complainant alleged that the petitioner did not let him to renovate his home and gave beatings to him and his family. On the contrary, a cross case was also registered against the accused persons.

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 co-accused stands released on anticipatory bail and the petitioner is also entitled to similar relief on 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,

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