Back
ANOOP CHITKARA
Suraj @ Bansal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
215 | 24.09.2022 | Focal Point, Distt. Ludhiana | 379B(2) IPC (Section 411 and 34 IPC added later on) |
1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 5 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. State opposes the bail.
REASONING:
5. The allegations against the petitioner are that he along with other co accused attacked the complainant with iron daah and snatched his mobile phone causing injuries to him. As per paragraph 3 of the bail petition, the petitioner is in custody since 10.10.2022. Given the nature of allegations, the amount involved viz-a-viz pre-trial custody, coupled with the other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. Furthermore, the petitioner is a first offender
The main legal point established in the judgment is that the grant or refusal of bail is entirely within the discretion of the judge, and it must be exercised judiciously, compassionately, and in a h....
The court emphasized the need for bail conditions to be proportional to their purpose and to balance the liberty of the accused with the necessity of a fair trial.
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, imposing stringent conditions to prevent interference with the investigation and wi....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
The main legal point established in the judgment is the discretion of the judge in granting bail, the need for a prima facie case, and the imposition of restrictive conditions to prevent interference....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
The main legal point established in the judgment is that the grant or refusal of bail is entirely within the discretion of the judge, and it must be exercised judiciously, compassionately, and in a h....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
