Kushal Sharma @ Kushal vs State Of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 664

ANOOP CHITKARA
Kushal Sharma @ Kushal – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Mr. Navkiran Singh, Advocate, for the petitioner., for the Appellant; Mr. Virat Rana, AAG, Punjab., for the Respondent

JUDGMENT

Anoop Chitkara, J. -

FIR No.	Dated	Police Station	Sections
228	13.11.2021	Civil Lines Batala, Police District Batala, District Gurdaspur	307, 506, 120-B IPC; 25, 27 of Arms Act and 21 of NDPS Act (Sections 411, 473, 201 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 (Cr.P.C.) seeking bail.

2. In paragraph 16 of the bail application, the accused declares the following criminal antecedents:

Sr. No.	FIR No.	Dated	Offences	Police Station
1.	58	05.05.2022	341, 323, 379, 427, 506, 148, 149 IPC	Sadar Batala

3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. While opposing the bail, the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.

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 highlight

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2022 Supreme(P&H) 664

ANOOP CHITKARAKushal Sharma @ Kushal – AppellantVersusState Of Punjab – Respondent

Cases Referred (9)

ANOOP CHITKARA
Kushal Sharma @ Kushal – Appellant
Versus
State Of Punjab – Respondent