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ANOOP CHITKARA
Parhlad Alias Naresh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
602 | 26.8.2021 | City Hansi, District Hisar | 387, 34 IPC and Section 25 Arms Act |
1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 2 of the bail petition, the accused declares that he has no criminal antecedents.
3. On Aug 26, 2021, at around 9 PM, two persons demanded ransom of Rs. 30 lacs, and if not paid by the next day, they threatened to kill the complainant.
4. Ld. Counsel for the petitioner contends that 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 petitioner is aged just 18 years, which are formative years of one's life. Furthermore, he 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 5 of the bail petition needs consideration for bail.
7. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court held that the bail deci
The court emphasized the need for a compassionate and humane exercise of discretion in granting bail, considering the specific circumstances of the case.
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
The main legal point established in the judgment is that the grant or refusal of bail is entirely within the discretion of the judge, and it must be exercised judiciously, compassionately, and in a h....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the accused's behavior ....
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, imposing stringent conditions to prevent interference with the investigation and wi....
The court emphasized the need for bail conditions to be proportional to their purpose and to balance the liberty of the accused with the necessity of a fair trial.
The main legal point established in the judgment is the importance of a cumulative assessment of circumstances justifying bail, the discretion of the judge to exercise bail decisions judiciously, and....
The grant of bail is entirely within the discretion of the judge and must be exercised judiciously, compassionately, and in a humane manner.
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.
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