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SATYEN VAIDYA
Jaipal Negi alias Johnny – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is in judicial custody since 14.05.2022, in case registered vide FIR No. 55 of 2022, dated 02.04.2022, at Police Station, Manpura, Police District Baddi, H.P. under Sections 341, 323, 325, 307, 506 and 34 of IPC.
2. Petitioner has prayed for grant of bail under Section 439 Cr.P.C. on the ground that he has been falsely implicated in the case. As per petitioner, he has not committed any offence much less the offence alleged against him. It is also contended on behalf of petitioner that he has no past criminal history. Petitioner has been implicated for ulterior purposes. Petitioner is stated to be permanent resident of Village Theda, P.S.Manpura, Tehsil Baddi, District Solan, H.P. It has been undertaken by petitioner that he will abide by all the terms and conditions as may be imposed against him.
3. Status report has been filed on behalf of the respondent. It is revealed that the case was registered against petitioner and his co-accused on the basis of a written complaint submitted by the complainant Sh. Om Pal to the police alleging inter alia that the said Sh. Om Pal alongwith injured Bhajan Lal and another person named Ravinder Singh were stan
While deciding application for bail, this Court is not to scan material collected by Investigating Agency minutely, but same can always be looked into for assessing seriousness and gravity of allegat....
Enlargement of petitioner on bail is not going to affect trial in any manner. It is not even contended against petitioner that he has potential to influence prosecution witnesses or to tamper with th....
Court while deciding bail application will not minutely scan evidence collected by investigating agency, but same can always be looked into for prima-facie assessing gravity and seriousness of allega....
Grant of Bail - Theft in dwelling house, etc - There is no doubt that grant or denial of bail is entirely discretion of judge considering a case but even so, exercise of judicial discretion has been ....
Possibility of petitioner tampering with the prosecution evidence is found to be without substance as the material witnesses including complainant has already been examined in the case.
The right to speedy trial is a valuable right available to the accused, and delay in trial can be a factor in granting bail.
Pre-trial incarceration cannot be ordered as a matter of rule.
No fruitful purpose shall be served by detaining him in judicial custody for indeterminate period. The investigation can continue fairly even after release of petitioner on bail. Pre-trial incarcerat....
Court is required to balance rights of petitioner on one hand and public interest on other. Test of objectivity is to be applied.
Detention in custody of under-trial prisoners for an indefinite period would amount to violation of Article 21 of Constitution.
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