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ANOOP CHITKARA
Jasbir Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
90 | 15.03.2022 | City Faridkot, District Faridkot | 354, 354-A, 354-B, 354-C, 506, 379- B(1), 148 & 149 IPC (Section 201 IPC added later on) and Sections 25/27/54/59 of Arms Act |
1. The petitioners apprehending arrest in the FIR captioned above, have come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 12 of the petition, it is declared that the accused have no criminal history.
3. Ld. Counsel for the petitioners contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioners and family.
4. Ld. counsel appearing for the State contends that petitioners are not entitled to bail.
REASONING:
5. A perusal of the allegations do not justify pre-trial or custodial investigation. The petitioners are first offenders, and one of the relevant factors would be to provide an opportunity to course-correct. Even a primafacie perusal of paragraphs 2 to 4 of the bail petition needs consideration for bail.
6. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court
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.
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The main legal point established in the judgment is that a first-time offender may be entitled to bail, but stringent conditions may be imposed to prevent potential misconduct.
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
The court considered various legal precedents related to bail decisions, including the lack of motive for the alleged offence and the petitioner's first-time offender status, in reaching its decision....
The main legal point established in the judgment is the discretion of the judge in granting bail, the need for a prima facie case, and the imposition of restrictive conditions to prevent interference....
The discretion of the judge in granting bail and the imposition of stringent conditions to ensure compliance and the safety of witnesses and victims.
The discretion of the judge in granting bail, the need for a balanced approach between individual rights and the state's interest in investigation, and the importance of imposing stringent conditions....
The discretion of the judge in granting or refusing bail must be exercised judiciously, compassionately, and in a humane manner, considering the balance between personal freedom and the right of poli....
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