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ANOOP CHITKARA
Kulwant Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 4 | 11.01.2023 | Goraya, Police District Jalandhar (Rural), District Jalandhar | 3(1) of SC and ST (Prevention of Atrocities), Act, 1989 |
| Criminal Case no. before trial Court | CIS No. BA-328-2023 CNR No. PBJL010006362023 Date of Order: 19.01.2023 |
Aggrieved by the dismissal of his bail under section 438 CrPC, the accused has come up before this court by filing an appeal under section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), seeking bail.
2. The appellant had filed a bail application before the Additional Sessions Judge-I- cum-FTC, which was dismissed on 19.01.2023.
3. In Prathvi Raj v. Union of India , AIR 2020 SC 1036 , a three-judge bench of Supreme Court read down Section 18 by declaring as follows,
4. In paragraph 16 of the appeal, the accus
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the presumption of innocence, and the need to balance personal freedom with the right of pol....
The main legal point established in the judgment is the need to balance the liberty of the accused and the necessity of a fair trial when imposing bail conditions, and the discretion of the judge to ....
The court emphasized the need for stringent bail conditions to ensure the accused's cooperation with the investigation and non-influence on witnesses.
The judgment establishes the importance of considering the severity of offences, the accused's criminal history, and the need for stringent conditions in granting bail under the SC/ST Act, 1989.
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
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