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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Kashmir Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Section 438 CrPC, petitioner prays for grant of anticipatory bail in case FIR No.36 dated 26.04.2022 (Annexure P1) registered under Sections 302/201/341/323/148/149 IPC at Police Station Mulepur, District Fatehgarh Sahib.2. Reply/Status report by way of affidavit of Sukhbir Singh, PPS, DSP, Fatehgarh Sahib, District Fatehgarh Sahib, on behalf of the respondent-State, has already been filed.
3.1 FIR was lodged on the basis of a complaint made on 04.07.2019 by Smt. Surinder Kaur, resident of Mianpur, Tehsil and District Fatehgarh Sahib against the petitioner (Kashmir Singh), his two sons namely Gurpreet Singh & Daljit Singh @ Dalli besides others namely, Kuldeep Singh, Bhupinder Singh, Jagjit Singh and some unknown persons. It was alleged that Jashanpreet Singh (deceased), the maternal grandson of the complainant was living with his Nankas (maternal grandparents) in village Mianpur. On 29.06.2019, at about 5:30 PM, said Jashanpreet Singh left with his friend Kulvir Singh @ Kala for village Rajwaha (Sua) for bathing. It was alleged that Sarpanch of the village i.e. Kashmir Singh (petitioner) and others came there, gave beati
The court ruled that allegations of grievous injuries justified denial of anticipatory bail due to the severity of the charges and roles of the accused.
The court granted anticipatory bail, emphasizing that pre-trial incarceration is not justified based on the nature of allegations and the need to balance the accused's liberty with a fair trial.
Anticipatory bail – Material at this stage cannot be examined with a fine toothcomb in manner of a criminal trial – What needs to be determined is whether parameters for grant of anticipatory bail we....
The cause of death and the specific role attributed to the accused are crucial factors in determining the grant of anticipatory bail.
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