IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Pasho @ Parkash Kaur – Petitioner
Versus
State of Punjab – Respondent
CRM-M-24751 of 2024
Decided On : 29-07-2024
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 41 | 20.03.2024 | Sadar Sri. Muktsar Sahib, District Sri. Muktsar Sahib | 306, 506, 34 IPC |
The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 14 of the bail petition, the accused declare that she has no criminal antecedents.
3. The prosecution's case is being taken from reply dated 23.05.2024 filed by the
concerned Deputy Superintendent of Police, which reads as follows:
4. 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.
5. Counsel for the petitioner seeks bail on the ground that the allegations are bald and the petitioner did not abet the deceased to commit suicide. In para 4 of the petition, it has been mentioned that there were temperamental differences between daughter of petitioner and complainant and the complainant left her at the house of the petitioner (paternal house) and never came back to reconcile the same. Kashmir Singh-husband of petitioner also tried to convince the complainant and his family members but they were adamant on dowry demands due to which they even gave
State of Rajasthan v. Balchand
Dataram Singh v. State of Uttar Pradesh, 2018 : INSC : 107
Gudikanti Narasimhulu v. Public Prosecutor
Gurbaksh Singh Sibbia v. State of Punjab
Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav
Prahlad Singh Bhati v. NCT, Delhi
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
The grant of bail should be balanced with the need for a fair trial and the safety of witnesses and the victim's family.
The decision to grant bail was based on the special reasons emerging from the investigation and the peculiar facts and circumstances of the case, as well as the interpretation of relevant legal provi....
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
The duty of the Court to find out the role of the accused, the onerous responsibility of the Courts to act judiciously with reasonableness, and the cumulative effect of the variety of circumstances j....
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, balancing individual rights with the right of police investigation, and imposing re....
Bail should be granted unless compelling reasons exist, with conditions ensuring compliance and victim protection.
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