Dated
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ANOOP CHITKARA
Salwinder Singh – Appellant
Versus
State of Punjab – Respondent
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
| 55 | 09.02.2023 | Goindwal Sahib, District Tarn Taran | 420, 406, 370, 120B IPC and Section 13 of Punjab Prevention of Human Smuggling Act 2012 |
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 8 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions. 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.
4. State’s counsel opposes the bail.
REASONING:
5. The allegations against the petitioner are he along with other co accused cheated the complainant to the tune of Rs 33,00,000/- on the pretext of sending complainant’s son to USA. The present petitioner is the father of the main accused Sandeep Singh.
6. Given the penal provisi
The court has the discretion to grant bail based on the nature of allegations, the accused's criminal history, and relevant legal precedents.
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 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 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 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 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 judicious and compassionate exercise of discretion in granting bail, with a focus on ensuring the safety of the victim and their family, and pr....
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....
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.
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