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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Hartej Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
13 | 2.11.2020 | Vigilance Bureau, Flying Squad 1, Punjab | 409, 420, 465, 466, 467, 471 and 120-B IPC and Sections 7, 7(a) of the Prevention of Corruption Act, 1988 and Sections 82 and 83 of the Registration Act, 1908. |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court by filing second petition under Section 438 CrPC seeking anticipatory bail. Earlier also, the petitioner had come up before this Court by filing a petition seeking anticipatory bail, but the same was disposed of as withdrawn, as the petitioner was already arrested by the Enforcement Directorate.
2. In paragraph 20 of the bail application, the accused declares that except the present FIR and the ED complaint arising out of present FIR, in which the petitioner is already on bail, the petitioner has no criminal antecedents. The details of the complaint case read as under:-
Complaint case No. | Dated | Sections |
COMA/3/2023 | 16.6.2023 | 3 and 4 of the Prevention of Money Laundering Act, 2002. |
3. Facts of the case are being extracted from the reply filed by the State by way of affidavit of the concerned DySP, which read as under:-
"2. That a C
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.
Anticipatory bail may be granted when the accused's involvement is minimal and custodial interrogation is not justified, provided stringent conditions are imposed to ensure compliance and prevent int....
The court emphasized that bail conditions under the Prevention of Money Laundering Act must balance the liberty of the accused with the necessity of a fair trial, allowing bail given the minor financ....
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.
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