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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Darshan Kumar @ Darshan Garg – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
4 | 08.03.2024 | Vigilance Bureau, Flying Squad - 1, Punjab at Mohali, District SAS Nagar | 13(1)(a) read with section 13(2) of Prevention of Corruption Act, 1988 and 409, 420, 465, 467, 468, 471 and 120-B IPC |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
"3. That the matter relates with allotment of high value industrial plots of PSIEC (Punjab Small Industry & Export Corporation) on lower rates than the actual market value (prevailing fixed rates for the given time) by officials/employees of PSIEC in connivance with the property dealers, in a wrongful manner for illegal gratification, in the name of their relatives/friends/acquaintances on fictitious addresses by way of failing the persons having requisite knowledge and eligible for allotment of said plots, in interview and delaying possession of allo
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, the accused's criminal antecedents, and the need to prevent i....
Anticipatory bail can be granted even after prior custody if custodial interrogation is not justified, balancing individual rights with the necessity of a fair trial.
The court recognized that continued pre-trial incarceration without sufficient justification may constitute an injustice to the appellant, thereby granting bail under specified conditions.
Anticipatory bail may be granted in non-bailable offences if the accused is a first offender and the evidence is primarily documentary, provided they comply with conditions set by the court.
The grant of bail is within the discretion of the court and must be exercised judiciously, compassionately, and in a humane manner, with stringent conditions to prevent misuse.
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in bail decisions, along with the imposition of stringent conditions to prevent int....
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