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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Sunny @ Rajveer Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
49 | 25.04.2022 | Division No. 1, Jalandhar | 307, 323, 341, 506, 427 IPC |
1. The petitioner incarcerated in the FIR captioned above has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 14 of the bail application, the accused declares the following criminal antecedents:
Sr. No. | FIR No. | Year | Offences | Police Station |
1. | 14 | 2021 | 323, 341, 427, 506, 34 IPC | Division No. 1, Jalandhar |
2. | 97 | 2020 | 323, 341, 427, 506, 34 IPC | Division No. 1, Jalandhar |
3. | 85 | 2021 | 323, 341, 506, 148, 149 IPC | Division no. 1, Jalandhar |
4. | 168 | 2021 | 307, 506, 148, 149 IPC | Division no. 8, Jalandhar |
5. | 14 | 2021 | 323, 324 IPC | Division No.1, Jalandhar |
3. Counsel for the petitioner submits that although, injuries were caused but the injured were discharged on the same day of their admission in the hospital. He prays for bail by imposing any stringent conditions and states that they would have no objection to the conditions, i.e., surrender of weapons and is 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 disco
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 main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious consideration of bail petitions, and the imposition of stringent conditions to....
Bail should be granted unless compelling reasons exist, such as risk of fleeing or tampering with evidence, with prior acquittals not counting against the petitioner.
The judgment establishes the principle that bail decisions should consider the cumulative effect of circumstances, including the nature of the allegations, criminal history, and the need for stringen....
The court's decision to grant bail with stringent conditions was based on the petitioner's criminal antecedents, the period of pre-trial incarceration, and the need to prevent influencing the investi....
The grant of bail must consider the cumulative effect of various circumstances justifying the grant or refusal of bail, and stringent conditions can be imposed to prevent influencing the investigatio....
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