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HARSH BUNGER
Kailashi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Harsh Bunger, J.
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in case FIR No.114 dated 09.07.2018, registered under Sections 323 , 506 and 315 of the INDIAN PENAL CODE , at Police Station City Phagwara, District Kapurthala (Annexure P-1), especially in the event of her appearance before the trial Court, in compliance of summoning order dated 01.06.2022 (Annexure P-4), vide which, she has been summoned under Section 319 of the Code of Criminal Procedure.
2. Learned counsel for the petitioner has submitted that the petitioner is an old lady of around 65 years of age and was declared innocent during investigation. However, she has been subsequently summoned under Section 319 of the Code of Criminal Procedure, vide order dated 01.06.2022 (Annexure P-4) passed by the Additional Sessions Judge, Kapurthala. It is submitted that since the FIR in question, was registered on account of a family dispute, however, subsequently with the intervention of the respectables and other family members of the parties, the matter has been amicably resolved vide compromise/affidavit of the complainant dated 21.09.2022 (Annexure
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
A person added as an accused under Section 319 of Cr.P.C. can seek anticipatory bail under Section 438, as their apprehension of custody is reasonable and relates to the right to liberty.
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
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