RAJ MOHAN SINGH
Bharat Bhushan – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Raj Mohan Singh, J. - Vide this common order, CRM-M No.42290 of 2022 titled Bharat Bhushan Vs. State of Punjab, CRM-M No.41913 of 2022 titled Sandeep Bhatia Vs. State of Punjab, CRM-M No.41915 of 2022 titled Jagroop Singh Vs. State of Punjab, CRM-M No.45678 of 2022 titled Surinder Kumar Vs. State of Punjab and CRM-M No.46641 of 2022 titled Anil Jain Vs. State of Punjab are being decided. Since all the cases have arisen from the same FIR, therefore, the facts are being culled out from CRM-M No.42290 of 2022.
2. In CRM-M No.42290 of 2022, petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.11 dated 16.08.2022 registered under Sections 420, 409, 467, 468, 471, 120-B IPC and Sections 7, 8, 12, 13(2) of the Prevention of Corruption Act at Police Station Vigilance Bureau, District Ludhiana.
3. In CRM-M No.41913, 41915, 45678 and 46641 of 2022, the petitioners therein seek grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.11 dated 16.08.2022 registered under Sections 420, 409, 467, 468, 471, 120-B IPC and Sections 7,8, 12, 13(
Gurdev Singh Syan Vs. State of Punjab
None of the case laws listed explicitly state that they have been overruled, reversed, or otherwise treated as bad law. The provided descriptions do not include any references to subsequent judicial treatment that would indicate such a status. Therefore, based solely on the information given, there are no cases identified as bad law.
[Followed or affirmed]
Fekan Yadav VS Mahendra Kumar @ Vishi - 2017 0 Supreme(SC) 1710: "Bail should be granted with reasons assigned."
*This appears to be a general principle or guideline, likely considered good law and possibly followed in subsequent decisions.*
Y. S. Jagan Mohan Reddy VS Central Bureau of Investigation - 2013 4 Supreme 236: "Court should be more careful in granting bail in case of economic offences."
*This suggests a cautionary approach, possibly affirming existing standards or principles.*
[Questioned or distinguished]
P. CHIDAMBARAM VS DIRECTORATE OF ENFORCEMENT - 2019 7 Supreme 613: This case law discusses the principles related to anticipatory bail, including its scope, safeguards, and specific considerations in economic offences and PMLA Act. The detailed discussion suggests that this case might be a leading authority on anticipatory bail, but without further information, it is not clear if it has been questioned or distinguished in later rulings. The language does not explicitly indicate it has been overruled or criticized, but it also does not confirm its unchallenged authority.
P. CHIDAMBARAM VS DIRECTORATE OF ENFORCEMENT - 2019 7 Supreme 613: The treatment of this case is not explicitly stated. It appears to be a comprehensive discussion of anticipatory bail law, but without subsequent case references or treatment indicators, its current legal standing remains uncertain. It could be a well-established precedent or subject to later judicial scrutiny or refinement.
The seriousness of economic offences and the need for custodial interrogation to effectively investigate the case.
The court held that prosecution initiated for policy amendments is an abuse of process, as no cognizable offense was established against the petitioners.
The main legal point established in the judgment is that the severity and magnitude of economic offences, along with the accused's involvement in corruption, forgery, and fraud, warrant a different a....
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
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