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ANOOP CHITKARA
Baldev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 36 | 14.05.2022 | Ajitwal Moga, District Moga | 420, 506, 120-B IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents.
3. The allegations are cheating complainant by the petitioner's son in his active connivance.
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. Ld. counsel representing the State opposes bail.
REASONING:
6. The main accused primafacie is the petitioner's son. The petitioner is aged 75 years and given the nature of allegations against him coupled with the petitioner's defence as contained in paragraph 4 and the declaration that he is a first offender, would not justify pre-trial incarceration for the petitioner; however, the petitioner's
The court balanced the individual's right to personal freedom with the right of police investigation, considering the accused's age, criminal antecedents, and the maximum sentence for the offenses.
The main legal point established in the judgment is the need to balance personal freedom with the right of police investigation, and the importance of imposing stringent conditions to prevent interfe....
The court can grant anticipatory bail with stringent conditions if the petitioner's age, being a first offender, and the maximum sentence for the offenses do not exceed seven years.
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 main legal point established in the judgment is the court's duty to balance individual freedom and police investigation rights when granting anticipatory bail, imposing stringent conditions to en....
The discretion of the judge in granting or refusing bail must be exercised judiciously, compassionately, and in a humane manner, and imposing restrictive conditions is necessary to address concerns r....
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
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 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....
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