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RANJAN SHARMA
Lakhwinder Singh alias Abhi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
The bail petitioner [Lakhwinder Singh @ Abhi] has come up before this Court, seeking a regular bail, under Section 439 of Code of Criminal Procedure [herein referred to as Cr.P.C.], originating from FIR No 277/2023 dated 01.11.2023, registered under Sections 307, 323, 384, 120-B and 212 of the Indian Penal Code and Sections 24, 54 and 59 of the Arms Act, registered at Police Station Haroli, District Una [H.P.].
FACTUAL MATRIX
2. The case set up by Ms. Madhurika Sekhon, learned counsel for the petitioner [Lakhwinder Singh @ Abhi], is that the bail petitioner is a permanent resident of Village Lower Badhere, Tehsil Haroli, District Una. It is further averred that the bail petitioner has been falsely implicated in the aforesaid matter. It is further averred that no evidence exists which connects the present bail petitioner with the commission of the alleged offence. It is further averred that investigation is complete and no fruitful purpose will be served in case the bail petitioner is enlarged on bail, as the bail petitioner is behind the bars since 07.11.2023 at District Jail Bangar, District Una [H.P.].
2(i). It is further averred that no past criminal h
The main legal point established in the judgment is that bail is a rule and jail is an exception, and the power under Section 438 of CrPC is to be exercised sparingly. The court emphasized the import....
The main legal point established is that bail should be granted when no prima facie or reasonable grounds exist, and the nature of the crime is a crucial factor in considering bail applications.
The court ruled that bail should be denied due to the petitioner's extensive criminal antecedents and involvement in the crime, emphasizing the need for public safety.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
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