Back
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 affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
A habitual offender under the NDPS Act is not entitled to anticipatory bail based on weak evidence from co-accused.
Larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 have been taken into account to make a c....
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the nature of the allegations, role attributed to the accused, and the law laid d....
The court denied bail due to the timely filing of the charge-sheet and the petitioner's non-cooperation in the investigation, emphasizing that default bail rights arise only after the statutory perio....
Bail is granted when the accused has not misused liberty, factors indicate compliance, and the presumption of innocence is upheld; restrictions are imposed to ensure trial cooperation and prevent abs....
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
