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ANOOP CHITKARA
Gagandeep Singh Alias Gagan – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
253 | 05.11.2021 | City Kotakpura, District Faridkot | 379-B & 411 IPC |
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 10 of the bail application, the accused declares that there are criminal antecedents, but due to confinement, he is unable to give details of criminal antecedents.
3. On Nov 5, 2021, the complainant informed the police about the snatching of his mobile by the petitioner.
4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
5. While opposing the bail, Ld. counsel representing the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
REASONING:
6. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble Supreme Court holds,
[10] It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of the cases ended in acquitta
The main legal point established in the judgment is the importance of judiciously considering various circumstances and legal provisions related to bail in granting bail to an accused with a criminal....
The court may grant bail with stringent conditions, considering the period of incarceration, criminal antecedents, and legal provisions related to bail decisions from previous cases.
The main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious consideration of bail petitions, and the imposition of stringent conditions to....
The court's discretion in granting bail must consider the accused's criminal history and the necessity of imposing stringent conditions to prevent further criminal activities.
The main legal point established in the judgment is the need to consider the accused's criminal history, the gravity of the offence, and the possibility of influencing the investigation and intimidat....
The grant of bail must consider the cumulative effect of various circumstances justifying the grant or refusal of bail, and stringent conditions can be imposed to prevent influencing the investigatio....
The main legal point established in the judgment is the need for the court to act judiciously with reasonableness when considering bail for an accused with a criminal history, and the imposition of s....
The judgment establishes the principle that bail decisions should consider the cumulative effect of circumstances, including the nature of the allegations, criminal history, and the need for stringen....
The main legal point established in the judgment is the need for judicious consideration of criminal history and the imposition of stringent conditions to address concerns related to influencing the ....
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