ANOOP CHITKARA
Boora Ram @ Burha Ram – Appellant
Versus
State Of Punjab – 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,
Aparna Bhatt vs. State of Madhya Pradesh
Dataram Singh v State of Uttar Pradesh
Gudikanti Narasimhulu v Public Prosecutor
Gurbaksh Singh Sibbia v State of Punjab
Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav
Prahlad Singh Bhati v NCT, Delhi
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