MOHAN LAL
Romesh Chander – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent
JUDGMENT :
1. Petitioners/accused in terms of section 439 Cr.P.C. have sought the indulgence of this court for their enlargement on bail in F.I.R. No. 11/2021 of Police Station Gharota Jammu for commission of offence u/s 304-B, IPC. It is averred, that the petitioners are citizens of India and permanent residents of village Sarote in U.T. of J&K, and as presently are lodged in District Jail Jammu, as such, they are entitled to the protection of fundamental rights guaranteed under Article 19 & 21 of the Constitution of India; that applicant No. 2 is the real brother of applicant No. 1 is also married and out of which three issues were born, the eldest boy is 11 years old and two daughters ageing between 9 to 10 years; that on 14.01.2018 for reasons not known to anyone, wife of applicant No. 1 namely Sushma Devi committed suicide by hanging herself with ceiling fan, police concerned initiated an inquest proceedings immediately and conducted the post-mortem, the inquest proceeding continued until 06.02.2021 when F.I.R. for commission of offence u/s 304-B, IPC was lodged against both the applicants who are real brothers and one sister namely Mulkhi Devi, and consequently, all three were
The approach of the court in granting bail should not be to detain the accused by way of punishment, and material witnesses cannot be easily influenced by the accused.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
The accused should not be detained by way of punishment, but his presence should be readily available for trial.
The main legal point established is that bail is the rule and jail is an exception, and the accused should not be detained as a form of punishment.
The court established that the denial of bail should not serve as a pre-trial punishment and emphasized the importance of the accused's right to liberty and a speedy trial.
The court emphasized that the accused should not be detained by way of punishment, and refusing bail would amount to punishing the accused without trial. The right to liberty and a speedy trial are f....
The gravity and seriousness of the offence are crucial factors in deciding bail applications.
The main legal point established in the judgment is the discretionary nature of granting bail, the requirement of balancing various factors while considering a bail application, and the need to consi....
The legal position established that the accused should not be detained by way of punishment, and the material witnesses cannot be expected to be won over by the accused.
In dowry death cases, courts must exercise heightened vigilance, considering the broader societal impact and the specific link between cruelty and the death, often necessitating the denial of bail to....
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