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VIKAS BAHL
Syed Pervez Rahman – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is a first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.84 dated 23.06.2023 (Annexure P- 1) registered under Sections 406, 420, 467, 468, 471, 120-B IPC at Police Station Sarabha Nagar, District Ludhiana.
2. Learned senior counsel for the petitioner has submitted that the petitioner has been in custody since 14.09.2023 and challan is yet to be filed and therefore, the presentation of challan as well as the conclusion of trial is likely to take time and that the petitioner was initially in police custody and is now in judicial custody and no useful purpose would be served by keeping the petitioner in further incarceration. It is submitted that the offences in the present case are triable by Magistrate. Learned senior counsel for the petitioner has submitted that even on merits there are several arguable points inasmuch as the petitioner has not been named in the FIR and as per the FIR, there is no allegation of any inducement qua the petitioner levelled by the complainant or by Nirmal Singh Bhangu, who, allegedly as per the FIR have been duped of an amount of Rs.3.5 crores. It is further submitted th
A bail application should be evaluated based on the merits of the case rather than solely on the accused's prior criminal record.
The court denied anticipatory bail due to serious allegations of cheating, emphasizing the need for custodial interrogation in economic offences to protect societal interest and ensure effective inve....
A second or successive petition for anticipatory bail is maintainable but requires a substantial change in circumstances to succeed. Repetitive filings for the same relief without such changes consti....
Anticipatory bail is a discretionary remedy that may be denied when there is an inordinate, unexplained delay in seeking relief, as such delay suggests an evasion of the investigative process. Additi....
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
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