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2022 Supreme(P&H) 604

ANOOP CHITKARA
Parvinder Singh Alias Parminder Singh Alias Parry – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Amit Kumar Walia, Advocate, for the Appellant; Mr. H.S. Multani, AAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

12

6.2.2021

Chhajli, District Sangrur

341/323/307/34 IPC and Section 25 Arms Act and Section 325 IPC (added later on)

1. The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. As per bail application and paragraph 9 of the status report of the State, the petitioner has following criminal history:-

Sr. No.

FIR No.

Date

Offences

Police Station

1.

18

28.1.2021

382 IPC

City Sangrur

2.

11

15.1.2021

307, 148, 149 IPC

Sadar Mansa

3. Ld. Counsel for the petitioner contends that petitioner be granted bail with a condition that in case he repeats the offence, such bail would be cancelled.

4. Ld. counsel appearing for the State contends that the petitioner acted in furtherance of common intention and does not deserve bail. Ld. counsel opposes the bail also because the petitioner has criminal antecedents, and bail encourages habitual offenders.

REASONING:

5. 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 Mem

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