PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Inderjeet Singh @ Inderjit Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
0021 | 21.09.2022 | Vigilance Bureau, Ferozepur, District Ferozepur | 7 of PC (Amendment) Act, 2018 |
1. The petitioner incarcerated in the FIR captioned above has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 20 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions and is also voluntarily agreeable to the condition that till the conclusion of the trial before the trial court, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, and within fifteen days of release from prison undertakes to disconnect all other mobile numbers. The petitioner contends that the further pre-trial incarceration would cause an irreversible injustice to the petitioner and family. Counsel for the petitioner submits that at the time of grant of anticipatory bail to the petitioner, he has voluntarily complied with the condition of declaration of assets and has handed over affidavit to the State, as such, there is no need for declaration of assets afresh.
4. State counsel has filed reply dated 13.03.
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
The court held that bail may be granted under stringent conditions to mitigate risks of influencing witnesses or fleeing justice, balancing the rights of the accused with the integrity of the trial.
The duty of the Court to find out the role of the accused, the onerous responsibility of the Courts to act judiciously with reasonableness, and the cumulative effect of the variety of circumstances j....
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