PANKAJ JAIN
Mehant Sudershan Dass – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Pankaj Jain, J. (Oral)
Prayer in the petition is under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.144 dated 16.07.2023 under Sections 420, 467, 468, 471 of IPC registered at Police Station Gate Hakima, District Police Commissionerate, Amritsar.
2. As per the contents of the FIR, it has been alleged as under:
Gurbaksh Singh Sibbia v. State of Punjab
Pratibha Manchanda v. State of Haryana
Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694
The court emphasized that anticipatory bail must balance individual rights against the seriousness of allegations, particularly in cases involving forgery and fraud in land transactions.
The court considered the pending civil suit and the petitioner's cooperation with the investigation in granting anticipatory bail.
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.
(1) Anticipatory bail – Relief of Anticipatory Bail is aimed at safeguarding individual rights – While it serves as a crucial tool to prevent misuse of power of arrest and protects innocent individua....
Anticipatory bail granted where no criminal offence is established and the matter is primarily civil in nature.
Anticipatory bail can be granted in absence of independent evidence supporting a serious charge.
The main legal point established in the judgment is that allegations, even if true, may constitute a civil liability rather than a criminal offense, and the pendency of a civil suit for specific perf....
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