Jashpal Singh Malik vs State of U. T. Chandigarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1238

MANJARI NEHRU KAUL
Jashpal Singh Malik – Appellant
Versus
State of U. T. Chandigarh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Manjot Singh Gujral
For the Respondents: Manish Bansal, Diksha Sharma, Shaurya Nagpal

JUDGMENT :

Manjari Nehru Kaul, J.

1. The petitioner in the instant petition filed under Section 483(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 is seeking the cancellation of anticipatory bail granted to respondent No. 2 by Addl. Sessions Judge, Chandigarh vide order dated 21.09.2024 (Annexure P-2) in case FIR No. 93 dated 10.08.2024 under Section 420 of the IPC, registered at Police Station Sector 26, Chandigarh.

2. Learned counsel for the petitioner submits that the trial Court vide impugned order dated 21.09.2024 (Annexure P-2) erroneously granted the concession of anticipatory bail to respondent No. 2-accused without adequately considering the gravity of the allegations levelled in the FIR which has been annexed as Annexure P-1. It has been argued that respondent No. 2-accused committed fraud amounting to Rs. 20 lakhs against the petitioner, with Rs. 15 lakhs paid via RTGS and Rs. 5 lakhs provided through a promissory note. Despite the existence of documentary evidence and the fact that no recovery had been made from respondent No. 2-accused, the trial Court still went ahead and released respondent No. 2 on anticipatory bail. It has been further argued by the learned counsel

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