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2023 Supreme(P&H) 1614

ARUN MONGA
Ashish Kapoor – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties :Mr. Bipan Ghai Senior, Advocate, Mr. Nikhil Ghai, Mr. Ferry Sofat AAG, Punjab, Mr. Hakam Singh AAG, Punjab, Mr. Nikhil Kumar Vashisht

Table of Content
1. facts of the case and the fir lodged. (Para 1 , 2)
2. arguments for bail based on previous cases. (Para 3)
3. court's observations regarding ongoing investigation. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
4. decision to grant bail. (Para 13 , 14)
5. final remarks and conclusion of the judgment. (Para 15 , 16)

Judgment

Mr. Arun Monga, J.

CRM-44060-2023

For the reasons stated in application, same is allowed subject to all just exceptions.

Main case (O&M)

Following the denial of bail by the learned trial Court, the petitioner is now before this Court seeking his release as an under trial in a case FIR No.208 dated July 17, 2023, registered under Sections 327 , 323, 294, 506, 120-B, 384 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as ‘IPC’) (Section 201 IPC added later on), at the Zirakpur, Police Station in SAS Nagar (Mohali).

2. According to the prosecution’s account, the complainant, Poonam Rajan, filed a complaint on June 15, 2023, with the SHO of P.S. Zirakpur, seeking the registration of a case against Ashish Kapoor (the petitioner), his wife Kamal Kapoor, Harjinder Singh ASI, DSP Pawan Kumar, DSP Tarlochan, DSP Samarpal, DSP Pawan Kumar (who was the SHO o

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