Cheque Dishonour | P&H High Court Grants Anticipatory Bail To Illiterate Lady, Says More Empathy Needed For Women When Question Of Liberty Arises

Cheque Dishonour | P&H High Court Grants Anticipatory Bail To Illiterate Lady, Says More Empathy Needed For Women When Question Of Liberty Arises

Case: Baby v. State of Punjab & Anr.

Coram: Justice Harpreet Singh Brar

Case No.: Crl. Misc. No. M-60058 of 2023

Court Observation: “In light of the constitutional scheme, special provisions have been made under Sections 154, 160, 309, 357B, 357C, 437 of the Cr.P.C. to protect the rights of women. In keeping with the principles enshrined in the Constitution, the Courts are required to be more empathetic and considerate towards women when the question of curtailment of liberty arises since it is not just the woman who suffers but so does her family.”

“The Black’s Law Dictionary defines ‘normally’ as “rule; regularly; according to rule, general custom.”

“The provisions of Section 82 of CrPC do not create an embargo on the power of the Court to grant anticipatory bail to a proclaimed person, therefore this Court is of the opinion that the petitioner deserved the concession of anticipatory bail, in view of observations made by the Supreme Court in Satender Kumar Antil (supra),” 

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Keywords

Cheque Dishonour, Punjab and Haryana High Court, Anticipatory Bail, Illiterate Lady