Back
ANOOP CHITKARA
Sikandar Bhardwaj – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 106 | 24.11.2022 | Division No.1, District Ludhiana | 379-B(2), 34 IPC |
The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 9 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. Petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. State opposes the bail.
Reasoning:
5. The allegations against the petitioner are that he along with other co accused snatched Rs.15,000/- and gold locket of complainant by putting data on his neck. As per paragraph 5 of the bail petition, the petitioner is in custody since 24.11.2022. Given the nature of allegations, the amount involved viz-a-viz pre-trial custody, coupled with the other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned i
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
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.
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 discretion to grant bail must be exercised judiciously, and stringent conditions can be imposed to prevent influencing the trial process.
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the accused's behavior ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
