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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sant Parkash – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Sant Prakash, aged 49 years, who is in judicial custody, in connection with FIR No. 313 of 2023, dated 12.12.2023, under Sections 302 and 201 read with Section 34 of the INDIAN PENAL CODE (hereinafter referred to as ‘the IPC”) and Section 25 of the ARMS ACT , registered with Police Station, Tahliwal, Una, H.P. has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’).
2. By way of the present application, he has sought indulgence of this Court to release him on bail, during pendency of the trial.
3. According to the applicant, he is innocent person and has falsely been implicated in this case and no legal evidence could be collected by the prosecution to connect him, with the alleged offence.
4. Apart from this, he has also given his ill health, as one of the grounds to release him on bail, by pleading that he is suffering from spinal problem and the Doctor has advised him to take home remedies, painkillers and physio-therapy. The Doctor is also stated to have advised that in case, the proper precaution is not taken, the problem may aggravate. Due to said proble
The severity of charges under the IPC and Arms Act outweighs the applicant's health concerns, justifying the denial of bail.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and significant delays in trials can justify granting bail.
A suspect may be granted bail if there is no substantial evidence of guilt or risks associated with evidence tampering; pre-trial detention is prohibited without significant justification.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
The court emphasized that custodial violence is a serious issue and denied bail due to the applicant's involvement in the alleged crime and previous dismissals of bail applications.
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