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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Nishan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
132 | 21.09.2021 | City-1, Malerkotla, Distt. Sangrur | 420, 465, 468, 471, 120-B 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. In paragraph 8 of the bail application and as per the status report, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated | Offenses | Police Station |
1. | 83 (on bail) | 12.07.2021 | 420, 465, 468, 471, 120-B IPC | City-1, Malerkotla, Distt. Sangrur |
2. | 146 (Cancellation report filed by police) | 16.08.2010 | 323, 452, 148, 149 IPC | Dharamkot, Distt. Moga |
3. The facts and allegations are being taken from status report dated 03.09.2024 filed by the State, which reads as follows:
"3. That it is submitted that the brief facts of the present case are that order dated 21.09.2021 passed by the Court of Mr. Harshbir Sandhu, Ld. Judicial Magistrate 1st Class, Malerkotla, was received from Sh. Gurpreet Singh, Reader, in the Court of Mr. Harshbir Sandhu, Ld. Judicial Magistrate 1st Class, Malerkotla to the SHO, Police Statton City-1 Malerkotla vide No.630 dated 21.09.2021 for registratton of FIR and taking necessary action a
The court recognized that continued pre-trial incarceration without sufficient justification may constitute an injustice to the appellant, thereby granting bail under specified conditions.
Bail should be granted unless compelling reasons exist to deny it, emphasizing judicial discretion and the presumption of innocence.
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 main legal point established in the judgment is that the grant of bail, even in serious cases, should be considered based on the nature of allegations, the accused's criminal antecedents, and rel....
The court balanced the accused's right to personal freedom with the necessity of a fair trial and imposed stringent conditions to prevent influencing the investigation, tampering with evidence, or in....
The main legal point established in the judgment is the consideration of the gravity of the offences, the conduct of the accused, and the possibility of fleeing from justice in determining the eligib....
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