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GURVINDER SINGH GILL
Rajender @ Pala – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
| FIR No. | Dated | Police Station | Section/s |
| 319 | 27.10.2020 | Sector 13-17, Panipat, District Panipat | 323, 324, 506, 34 of Indian Penal Code, wherein offences under Sections 201 and 326 IPC were added later on |
2. The allegations, in nutshell, against the petitioner are that on account of a dispute regarding parking of motorcycle in the street, he inflicted injuries to the complainant leading to chopping of half of his ear.
3. Learned counsel for the petitioner submits that the genesis of occurrence has been suppressed in the FIR inasmuch as the petitioner as well as his son and his wife had also sustained injuries and in respect of which FIR No.320 dated 27.10.2020 at Police Station Sector 13/17, Panipat under Sections 148, 149, 323, 324, 452 and 506 of Indian Penal Code (Annexure P-2) came to be lodged. It has been submitted that as a matter of fact the petitioner had earlier been released on regular bail, but subsequently upon addition of offence under Section 326 IPC, he apprehends his arrest and has thus prayed for grant of anticipatory bail.
4. Opposing the petition, learned State counsel submitted that ha
A second anticipatory bail petition can be considered if the first was withdrawn, provided there are no significant changes in circumstances.
The court may grant anticipatory bail based on the petitioner's cooperation with the investigation and the nature of the injuries involved in the case.
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
Criminal antecedents and failure to join investigation can be grounds for denying anticipatory bail.
The right to bail is fundamental, with courts required to ensure freedom from arrest unless exceptional circumstances justify denial, especially given the initial bailable nature of the alleged offen....
The court's decision was influenced by the principle that the subsequent addition of an offence to the FIR did not justify custodial interrogation when the petitioner was already on regular bail and ....
Custodial interrogation is essential for effective investigation in cases involving serious offenses and the recovery of weapons. Courts must balance individual liberty with societal interests, prior....
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