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2022 Supreme(P&H) 746

ANOOP CHITKARA
Jarnail Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Raghav Soni, Advocate for Mr. Vikas Gupta, Advocate for the petitioner., for the Appellant; Mr. Harsimar Singh Sitta, DAG, Punjab., for the Respondent

JUDGMENT

Anoop Chitkara, J. - ?The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 Cr.P.C. seeking anticipatory bail.

FIR No.

Dated

Police Station

Sections

109

20.07.2022

Verowal, District Tarn Taran

21 (1) of Mines and Minerals (Development and Regulation) Act, 1957

2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations are illegal mining, which is the State's privilege, without paying the revenue and violating the Mines and Minerals (Development and Regulation) Act, 1957.

4. 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.

5. While opposing the bail, Ld. counsel representing the State contends that the accused is likely to indulge in crime once released on bail.

REASONING:

6. The petitioner allegedly mined the minerals in utter violation of the Mining Act and without any concern for the environm

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