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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Jaswinder Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
119 | 06.09.2023 | Batala, District Gurdaspur | 302, 452, 34 IPC |
1. Apprehending arrest in the FIR captioned above, on the allegation of causing murder of Satnam Singh sharing common intention with co-accused, the petitioner who is a woman aged 52 years, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 14 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 states that they would have no objection to the 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. State's counsel opposes the bail.
5. Prosecution case is being extracted from FIR (Annexure P-1) which reads as follows:-
"Statement of Simranjeet Kaur wife of Gurpreet Singh resident L
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
The court considered the nature of allegations, injuries inflicted, and other factors peculiar to the case, and imposed stringent conditions to ensure the safety of the witnesses and the victim.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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 established that anticipatory bail can be granted based on the absence of a prima facie case and the health condition of the accused, balancing individual rights with the need for investiga....
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair investigation.
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