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2022 Supreme(P&H) 1416

ANOOP CHITKARA
Deepak @ Deepu – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Manoj R. Sharma, Advocate, H.S. Sitta, Advocate, Sandeep Sharma, Advocate

JUDGMENT

Anoop Chitkara, J. -

FIR No.

Dated

Police Station

Sections

16

23.02.2022

Sadar, Distt. Gurdaspur

307, 323, 324, 34, 326, 120-B IPC

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 11 of the bail petition, the accused declares that he has no criminal antecedents.

3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. The State opposes the bail.

REASONING:

5. On Feb 22, 2022, the petitioner, and his accomplice Sikander Masih assaulted the victim. The petitioner Deepu hit the victim from the reverse side of the dattar on the wrist and thigh. After the launch of prosecution, the victim has compromised the matter with the accused, including the petitioner, vide compromise deed annexure P-2. The compromise is yet to be established before the court; however, the complainant's counsel does not dispute the factum of such a compromise; still, the same is relevant for bail without commenting on the admissibility of such compromise in evidence or for quashing the proceedings.

6. As

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