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ANOOP CHITKARA
Gurpreet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
26 | 28.03.2022 | Bhindi Saidan District Amritsar Rural | 379 IPC and Section 21(1) of Mines and Minerals (Regulation of Development ) Act, 1957 |
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. As per para 8 of the bail application, the first petitioner has no criminal history; however, the second petitioner has following criminal history:
Sr. No. | FIR No. | Date | Offences | Police Station |
1. | 144 | 2018 | 379 IPC and Section 21 of Mines and Minerals Act | Bhindi Saidan |
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 their families.
4. Ld. counsel appearing for the State contends that the petitioners have deprived the State of its revenue and also caused damage to the fragile Earth. Ld. counsel opposes the bail also because petitioner no. 2 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 ho
The Court emphasized the need to consider the criminal history of the accused, the maximum sentence imposable for the offences, and the balance between personal freedom and the right of police invest....
The duty of the court to balance individual's right to personal freedom and the right of police investigation, and the imposition of restrictive conditions to ensure uninterrupted and unhampered inve....
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 main legal point established in the judgment is that the court may grant bail with stringent conditions, taking into account the nature of the allegations, the petitioner's criminal antecedents, ....
The court may grant anticipatory bail with stringent conditions to prevent the accused from influencing the investigation, tampering with evidence, or intimidating witnesses, considering the nature o....
The main legal point established in the judgment is the need to consider the accused's criminal history, the nature of allegations, and the possibility of influencing the investigation and intimidati....
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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