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ANOOP CHITKARA
Ram Pal – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
25 | 26.03.2022 | Anandpur Sahib, Punjab | 21(1) & 4(1) of the Mines and Mineral Regulation and Development Act, 1957 |
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 14 of the petition, it is declared that the accused has no criminal history.
3. 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.
4. Ld. counsel appearing for the State contends that the petitioner has indulged in deprived the State of its privileges and the fragile environment of the Earth is at stake.
REASONING:
5. The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a primafacie perusal of paragraph 4 of the bail petition needs consideration for bail.
6. In the present case, the maximum sentence imposable for the offences mentioned in FIR does not exceed seven years. Thus, directions passed in Arnesh Kumar v. State of Bihar, (2014) 8
The main legal point established in the judgment is the need to balance individual freedom with the right of police investigation, as emphasized by legal precedents, when considering anticipatory bai....
The main legal point established in the judgment is the court's duty to balance individual freedom and police investigation rights when granting anticipatory bail, imposing stringent conditions to en....
The main legal point established in the judgment is the need to balance personal freedom with the right of police investigation, and the imposition of specific conditions for bail in cases involving ....
The court emphasized the need to balance personal freedom with the right of police investigation, imposing stringent conditions for anticipatory bail.
The court emphasized the need to balance personal freedom and police investigation when granting anticipatory bail, citing previous court decisions and imposing stringent conditions to ensure uninter....
The main legal point established in the judgment is the need to balance personal freedom with the right of police investigation, and the importance of imposing stringent conditions to prevent interfe....
The court balanced individual freedom with the need for an uninterrupted investigation, imposing stringent conditions to prevent influencing the investigation and tampering with evidence.
The need to balance personal freedom and the right of police investigation, imposing restrictive conditions, and providing opportunity for course correction.
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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