PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Malvinder Singh Sidhu – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
28 | 30.10.2023 | Vigilance Bureau, FS-1, Punjab at Mohali | 7, 7A of PC (Amendment) Act, 2018 and 384, 419, 420, 120-B IPC (Section 201 IPC added later on) |
1. The petitioner, who was posted as AIG, after arrest, is in custody from 04.11.2023, in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 21 of the bail application, the accused declares the following criminal
antecedent:
Sr. No. | FIR No. | Date | Offences | Police Station |
1. | 117 | 25.10.2023 | 353 and 186 IPC | Phase-VIII, SAS Nagar (Mohali) |
2. | 7 | 27.01.2024 | 384, 120-B IPC | Phase-8, SAS Nagar, Mohali |
3. Petitioner's counsel prays for bail by imposing any stringent conditions and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days 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.
4. The state's counsel opposes the bail and states th
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.
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.
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