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ANOOP CHITKARA
Pasho @ Parkash Kaur – Appellant
Versus
State of Punjab – Respondent
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:
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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