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ANOOP CHITKARA
Parshotam Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 113 | 19.06.2020 | Garhshankar, District Hoshiarpur, Punjab | 420 IPC |
The petitioner apprehending arrest in the FIR captioned above, on the allegations of taking money for sending people abroad, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. Vide order dated 28.02.2023, the petitioner's arrest was stayed by this court, which is continuing till date.
3. In paragraph 10 of the bail petition, the accused declares the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1 | 112 | 19.06.2020 | 420 IPC | Garshshankar, District Hoshiarpur, Punjab |
| 2 | 191 | 04.11.2018 | 420, 120b IPC | Habowal, Ludhiana |
| 3 | 228 | 16.09.2018 | 420 IPC | Tanda, Hoshiarpur |
4. Petitioner's counsel prays for bail by imposing any stringent conditions.Petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
5. While opposing the bail, the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
Reasoning:
6. In Maulana Mohd A
The main legal point established in the judgment is the need for the court to act judiciously with reasonableness when considering bail for an accused with a criminal history, and the imposition of s....
The duty of the court to balance individual's right to personal freedom and the right of police investigation, and the imposition of restrictive conditions to ensure uninterrupted and unhampered inve....
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 main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious consideration of bail petitions, and the imposition of stringent conditions to....
The main legal point established in the judgment is the need to consider the accused's criminal history, the nature of allegations, and the possibility of influencing the investigation and intimidati....
The court can grant bail with stringent conditions based on the criminal antecedents and nature of allegations, ensuring compliance and preventing influence on the investigation or intimidation of wi....
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