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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara
Narender Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
162 | 27.10.2023 | Satnali, District Mahendergarh | 406/420 IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC, seeking anticipatory bail.
2. Vide order dated 30.11.2023, a Co-ordinate Bench of this Court had granted interim protection to the petitioner and the said order is continuing till date.
3. The facts and allegations are being taken from the status report dated 11.12.2024 filed by the State, which reads as follows:
"4. That the brief facts of the case are that on 17.05.2023, an agreement to sell with respect to some land took place between complainant Mahipal and present petitioner. Umed son of Hira Lal was middleman in the said agreement to sell. The date of registration of sell deed was fixed for 17.07.2023. The complainant i.e. respondent no.2 arranged the money for registration of the sell deed by selling out his land and plot. Due to strike of the clerks, the time for registration of the sell deed was extended from 17.07.2023 to 27.07.2023, from 27.07.2023 to 04.08.2023 and from 04.08.2023 to 14.08.2023 due to strike of the clerks of the revenue depar
Anticipatory bail granted when pre-trial incarceration is not justified, emphasizing that such incarceration should not replicate post-conviction sentencing.
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.
The court held that anticipatory bail is warranted where pre-trial incarceration lacks justification, emphasizing the presumption of innocence and the nature of allegations.
Anticipatory bail can be granted even when Non-Bailable Warrants are issued, depending on the specifics of the case and the applicant's willingness to cooperate with the investigation.
The court considered the pending civil suit and the petitioner's cooperation with the investigation in granting anticipatory bail.
The main legal point established in the judgment is the consideration of the nature of the dispute, the petitioner's cooperation in the investigation, and the pending civil suit in granting anticipat....
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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