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ANOOP CHITKARA
Manjeet Singh Malhi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 102 | 27.07.2022 | Sultanwind, District Police Commissionerate Amritsar | 420, 120-B, IPC |
1. The petitioner apprehending arrest in the FIR captioned above, on the allegations of cheating, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel argued that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. Petitioners counsel further submits that a compromise has been effected between the parties .
4. State counsel does not dispute the fact of compromise. Complainant's counsel has no objection if petitioner is granted bail.
REASONING:
5. The allegations against the petitioner are that he along with other co accused cheated the complainant by taking Rs 9 lacs and gold ornaments in order to settle the family dispute . Given the penal provisions imposed and th
The main legal point established is the discretion of the court in granting bail and the imposition of stringent conditions to ensure the accused's compliance.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, the accused's criminal antecedents, and the need to prevent i....
The main legal point established in the judgment is that the grant of bail, even in serious cases, should be considered based on the nature of allegations, the accused's criminal antecedents, and rel....
The court balanced the liberty of the accused and the necessity of a fair trial while imposing bail conditions, ensuring they were proportional to the purpose of imposing them.
The court balanced the accused's right to personal freedom with the necessity of a fair trial and imposed stringent conditions to prevent influencing the investigation, tampering with evidence, or in....
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 court balanced the individual's right to personal freedom and the right of police investigation, imposing stringent conditions to ensure an uninterrupted and unhampered investigation.
The main legal point established in the judgment is the grant of anticipatory bail with stringent conditions to prevent influencing the investigation and intimidating witnesses.
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in granting bail, considering factors such as the gravity of the offense and the li....
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