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RAJBIR SEHRAWAT
Parambir Singh @ Nanak – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. understanding the basis for bail under relevant statutes. (Para 1) |
| 2. recognition of procedural rights concerning custody. (Para 2) |
| 3. evaluation of the accused's alleged involvement and habitual offending. (Para 3 , 4) |
| 4. court's final decision to grant bail based on observations. (Para 5) |
Judgment
Mr. Rajbir Sehrawat, J.
The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.70 dated 11.07.2023 registered under Sections 379-B, 34 IPC and Section 25 of the ARMS ACT , 1959 ( Section 109 IPC, added later on) at Police Station Sadar Gurdaspur, District Gurdaspur.
2. The custody certificate filed by the learned counsel for the State, is taken on record.
3. It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution the only allegation against the petitioner is that the car, which was snatched from the complainant, was found outside the house of the petitioner when one of the co-accused, who had snatched the said car, was seen with him. Ther
A bail petition under Section 439 can be granted despite allegations if the evidence presented does not implicate the accused directly.
The lack of recovery from the petitioner and his previous acquittals in similar cases can be considered as grounds for granting bail pending trial.
The seriousness of the allegations and the recovery of the snatched car at the instance of the petitioner were key factors influencing the court's decision to dismiss the bail petition.
Bail is unjustified when there is prima facie evidence linking the accused to a serious crime, particularly in the context of an illegal arms syndicate.
The court considered the lack of harm caused to the complainant and the petitioner's custody since the date of the incident as key factors in granting bail.
The recovery of illegal weapons, bullets, and non-commercial quantity of intoxicant powder, as well as the petitioner's involvement in 19 more cases, were key factors in denying bail.
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