Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Sukhwinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. assault at rehab center caused death of deepak. (Para 1 , 2 , 3 , 4) |
| 2. petitioner alleges false case, trial delay; state opposes. (Para 5 , 6) |
| 3. successive bail needs substantial changed circumstances. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. delay no ground for bail in serious offenses. (Para 16 , 17 , 18 , 19 , 20) |
| 5. petitioner's aggressive jail conduct noted. (Para 21) |
| 6. bail dismissed absent changed circumstances. (Para 22 , 23) |
JUDGMENT :
Sushil Kukreja, J.
The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS) for grant of bail in case FIR No. 321/2022, dated 06.12.2022, registered at Police Station Nalagarh, Police District Baddi, H.P., under Sections 302, 323, 504 read with Section 34 of Indian Penal Code ( for short “IPC”).
2. Brief facts of the case, as per the status report filed by the respondent-State, are that on 06.12.2022, one Nand Lal, Chairman, New Serenity Home Center, Nalagarh, made a complaint to the police, stating therein that a quarrel took place in the Center and a person, who sustained injuries in the quarrel, was taken to PGI Chandigarh for treatment. L
Successive bail applications require substantial changed circumstances, not mere trial delay or prolonged incarceration, especially in grave offences like murder.
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
The severity of allegations in a narcotics case prohibits bail unless substantial changes in circumstances are demonstrated, regardless of the length of pre-trial custody.
Successive bail applications require substantial change in circumstances; mere delay in trial does not suffice for bail in serious offenses.
Successive bail applications require substantial change in circumstances; without such change, they cannot be entertained.
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
Successive bail applications require substantial change in circumstances; prior denials must be respected to prevent judicial abuse.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
