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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Bipin Chander Negi, J
Gurvinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. police raid and recovery (Para 4) |
| 2. co-accused released on bail (Para 5) |
| 3. petitioner in custody since arrest (Para 6) |
| 4. importance of personal liberty (Para 7 , 9) |
| 5. purpose of bail (Para 8) |
| 6. consequences of pre-trial incarceration (Para 10 , 11) |
| 7. judicial discretion for bail (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
1. Head Constable Rekha No. 113, I/O Police Station, West, Shimla, is present along with record.
3. Heard counsel for the parties. Status Report stands filed. The same is taken on record. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioner.
5. Besides the present bail petitioner, the other co-accused namely Karanpreet and Gaurav have already been enlarged on bail on 02.01.2025 and 30.12.2024, respectively.
7. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case.
9. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner, whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in h
Personal liberty is a fundamental right; bail is granted to ensure attendance at trial, not as a punitive measure.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial, not serve punitive purposes.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
The court ruled that the applicant is entitled to bail as the quantity of contraband does not meet the threshold for commercial quantity, and pre-trial punishment is prohibited.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
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