PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Harmanjit Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
26 | 21.03.2024 | Payal, District Ludhiana | 452, 323, 324, 506, 148, 149 IPC (326 IPC added later on) |
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 11 of the bail petition, the accused declares that he has no criminal antecedents.
3. It is a case of version or cross-version. Initially, the police had reached the spot and on the basis of complaint filed against the petitioner which is registered in FIR (Annexure P-1) which reads as follows:
4. After recording of the statement, the investigator had arrested some of the accused and came to know that petitioner -Harmanjit Singh had been taken to Civil Hospital, Payal. On reaching there, petitioner- Harmanjit Singh made a statement to the investigator, based on which, DDR No.20 was recorded (Annexure P-2), which reads as follows:
5. Since the petitioner was under treatment, the investigator in their wisdom decided not to arrest him. After that, the petitioner apprehended arrest and had filed an anticipatory bail before the Sessions Court which was dismissed and subsequentl
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The judgment establishes the principle of balancing personal freedom and the right of police investigation, and emphasizes the imposition of stringent conditions to ensure uninterrupted and unhampere....
The main legal point established in the judgment is the need for a balanced approach in granting bail, the discretion of the judge in imposing stringent conditions, and the importance of addressing c....
The main legal point established in the judgment is the grant of anticipatory bail with stringent conditions to prevent influencing the investigation and intimidating witnesses.
The discretion of the judge in granting bail, the need for a balanced approach between individual rights and the state's interest in investigation, and the importance of imposing stringent conditions....
The main legal point established in the judgment is the need for the court to act judiciously with reasonableness when considering bail for an accused with a criminal history, and the imposition of s....
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