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SUMEET GOEL
Satnam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGEMENT
Sumeet Goel, J. (Oral)
Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 438 of Code of Criminal Procedure, 1973 in FIR No.76 dated 19.04.2024 registered for offences punishable under Sections 354-D, 506, 34 of IPC and Sections 25, 27 of the Arms Act, 1959 at Police Station City Moga, District Moga.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner(s)) is as follows:-
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair investigation.
Anticipatory bail is an extraordinary remedy, granted only in exceptional circumstances, particularly when serious allegations are involved.
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.
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
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