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ANOOP CHITKARA
Satnam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 183 | 12.07.2022 | Jandiala Guru, District Amritsar (Rural) | 420, 120-B IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 |
The petitioner incarcerated in the FIR captioned above, on the allegations of cheating, has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 27 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. The State opposes bail.
Reasoning:
5. The allegations against the petitioner are of cheating the complainant to the tune of Rs.18,00,000 on the pretext of sending his brother to England.
6. As per status report, the petitioner is in custody since 16.12.2022. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the prima facie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this
The main legal point established in the judgment is that the grant of bail, even in serious cases, should be considered based on the nature of allegations, the accused's criminal antecedents, and rel....
The court emphasizes the need for judicious and compassionate exercise of discretion in granting bail. The court also highlights the importance of imposing appropriate conditions to prevent the accus....
The court emphasized the need for judicious and compassionate exercise of discretion in granting bail, imposing stringent conditions to prevent influencing the investigation, tampering with evidence,....
The court emphasized the need for judicious and compassionate exercise of discretion in bail decisions, imposition of stringent conditions to prevent influencing the investigation, tampering with evi....
The grant of bail must consider the cumulative effect of various circumstances justifying the grant or refusal of bail, and stringent conditions can be imposed to prevent influencing the investigatio....
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