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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Sohan Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. (Oral)
The prayer in this second petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.9 dated 08.01.2014 under Sections 406, 420 and 120-B IPC registered at Police Station City Kharar, SAS Nagar, Mohali.
2. The brief facts of the case are that one Iqbal Singh filed complaints dated 01.09.2011 and 29.09.2011 to the police which on an enquiry culminated into the instant FIR and reads as under:-
'To the Hon'ble S.S.P. Sahib, SAS Nagar, Mohali, Subject, Complaint for taking action against Sohan Singh S/o Amar Singh, Harinder Kaur W/o Sohan Singh and Mohinder Singh S/o Karam Singh. Sir, It is requested that the following persons entered into an agreement to sell 58 marlas, 57 marlas, 58 marlas, 57 marlas total 220 marlas out of khasra No.588 for total consideration of Rs.40 lacs, copies of which are attached but thereafter they did not start any talk with us for executing the Sale Deed of the above land. That they received Rs.40 lacs from us and now refused to execute the Sale Deed in our favour. They have played fraud with us. 1) Sohan Singh S/o Amar Singh R/o Dulchi Majra, District Ropar (99152-27517). 2
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on concrete facts and the need to balance the prevention of harassment with the requirem....
The main legal point established in the judgment is the emphasis on the parameters for considering application for anticipatory bail and the guiding principles for dealing with the application under ....
Since the genesis of the statutory right to anticipatory bail is traced under Article 21 of the Constitution, it is essential to understand the true import of the same.
A habitual offender under the NDPS Act is not entitled to anticipatory bail based on weak evidence from co-accused.
Anticipatory bail under Section 438 of the CrPC emphasizes the presumption of innocence and the principle of 'bail not jail,' allowing for a liberal interpretation favoring the applicants unless comp....
Second anticipatory bail petitions under Section 438 Cr.P.C. are maintainable if substantial changes in circumstances are demonstrated; mere reliance on new documents is insufficient.
The court emphasized the need to carefully evaluate the entire material against the accused, strike a balance between no prejudice to investigation and unjustified detention, and consider reasonable ....
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