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ASHOK KUMAR VERMA
Kamlesh Kaur @ Kamlesh Rani – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioners seek anticipatory bail for serious allegations. (Para 1 , 2) |
| 2. claim of false implication and civil matters. (Para 3) |
| 3. opposition to bail based on nature of allegations. (Para 4 , 5) |
| 4. evidence indicates complainant's ownership. (Para 6 , 7 , 8) |
| 5. petitioners hindering investigation with civil suit. (Para 9) |
| 6. custodial interrogation necessary despite bail. (Para 10 , 11) |
| 7. anticipatory bail petition dismissed. (Para 12 , 13) |
JUDGMENT
Mr. Ashok Kumar Verma, J. (Oral)
The petitioners have filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.240 dated 15.09.2022 registered under Sections 379 , 406, 427, 465, 466, 467, 468, 471, 474, 120B and 506 of the INDIAN PENAL CODE , 1860 at Police Station Model Town, District Hoshiarpur.
2. The above-said FIR was registered on a complaint made by Gurminder Singh Bedi alleging that when he along with his family went to his ancestral House i.e. House No.426, Gali No.07, Old Post Office Road, Mohalla Kamalpur, Hoshiarpur, he was surprised to see that the Caretaker of the house had broken all the locks of house, stolen his belongings and star
The possession of the property by the complainant since 2002 was a decisive factor in denying the petitioner's request for anticipatory bail.
The main legal point established in the judgment is that while granting anticipatory bail, the court must consider the nature and gravity of the alleged offence, the role of the applicant, lack of di....
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
Anticipatory bail should be granted when there is no imminent need for custodial interrogation, even in cases of serious allegations.
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