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ANOOP CHITKARA
Manjinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 20 | 06.02.2023 | City-I, Mansa, District Mansa | 308, 323, 341, 506, 148, 149 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 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's contention is that the pre-trial incarceration would cause an irreversible injustice to the Petitioner and family.
4. State opposes the bail.
Reasoning:
5. The allegations are that Petitioner armed with kripan along with other co-accused gave a blow on the head of the victim.
6. As per paragraph 6 of the bail petition, the Petitioner is in custody since 16.02.2023. Given the nature of allegations, and injuries infiicted by the Petitioner, viz-a-viz pre-trial custody, coupled with the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage, subject to the compliance
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 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 need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The discretion to grant bail must be exercised judiciously, and stringent conditions can be imposed to prevent influencing the trial process.
The grant or refusal of bail must consider various circumstances, including the accused's criminal antecedents, the nature of the offence, and the need to prevent influencing the investigation and en....
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....
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