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GURVINDER SINGH GILL
Surinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Gurvinder Singh Gill, J. - The petitioner seeks grant of regular bail in a case registered vide FIR No.155 dated 12.11.2022 at Police Station Nangal, District Rupnagar, under Sections 384, 385 IPC; and Sections 7 and 7A of the Prevention of Corruption Act, 1988.
2. The FIR was lodged at the instance of Dalbir Singh wherein he stated that he is running a stone crusher under the name and style of Ludhiana Stone Crusher in the limit of village Algra and he had been purchasing raw material from one Rakesh Kumar Chaudhary from his sanctioned mines in village Sansowal, Taraf Majari, Bhallan. It is further stated therein that some other Crusher owners also purchased raw material from these mines. Complainant alleged that when they used to go to their crushers after loading raw material from these mines, they used to be waylaid by Yashvir Chand Tikka, Vishal Saini-Advocate, Hardev Singh, Jarnail Singh @ Jola, Surinder Singh Shinda and Jaswinder Singh Giani accompanied by 15-20 unidentified persons and who issued threats that in case they were not given money to them they would not allow their vehicles to pass through. The complainant alleged that due to fear that no loss is caused t
The court considered the petitioner's prolonged detention and the likelihood of a lengthy trial with numerous prosecution witnesses in granting regular bail despite specific allegations of extortion.
A balance must be struck between the prosecution's rights and an accused's right to pre-arrest bail, requiring substantiated evidence of interference for denial.
Pre-arrest bail may be granted upon considering the balance of prosecution's investigative rights against the accused's need for protection from wrongful arrest, especially in cases of organized crim....
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