Back
AVNEESH JHINGAN
Rajinder Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Avneesh Jhingan, J (Oral). - Petitioners are seeking regular bail in case of FIR No.25 dated 23.1.2020, under Sections 419, 420, 467, 468, 471, 120-B IPC, 1860, Section 12 of the Passport Act, 1967 and Section 7 of the Prevention of Corruption Act, 1988, registered at Police Station Rai, District Sonipat.
2. Learned counsel for the petitioners submits that on the same allegations two FIRs were registered i.e. FIR No.410 dated 28.10.2020 and the present FIR i.e. 25 dated 23.1.2020.
3. He further submits that in other FIR i.e. FIR No. 410 dated 28.10.2020, the petitioners were granted bail by passing the following order on 15.12.2021:
''These four petitions under Section 439 Cr.P.C. are filed seeking regular bail in FIR No. 410 dated 28.10.2020 under Sections 420, 421, 466, 467, 468, 471, 167, 120-B IPC, Section 12 of Passports Act, 1967 and Sections 7, 8, 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station Zirakpur, District SAS Nagar.
The initiation point for registering the FIR was an information received from Community Policing SAS Nagar. The information was that verification of antecedents of Sarabjit Singh was not done properly by Passport Verifica
The court considered the nature of allegations, the duration of custody, and the likelihood of a lengthy trial in granting bail to the petitioners.
The decision highlighted the importance of considering the custody period, completion of investigation, and the status of trial in granting bail, along with the willingness of the petitioner to adher....
The court considered the length of custody and the likelihood of trial delay in granting bail to the petitioner.
The court may grant bail considering the custody of the accused and the likelihood of trial taking time to commence.
The court considered the length of the petitioner's custody and the likelihood of trial taking time to conclude as grounds for granting bail.
Grant of bail based on completion of investigation and delay in trial due to awaited prosecution sanction for co-accused.
Prolonged custody without trial commencement may be a significant factor in granting bail, especially when further detention is unlikely to serve any useful purpose.
Grant of bail based on the absence of recovery, the likelihood of a lengthy trial, and the lack of criminal antecedents, without expressing an opinion on the merits of the case.
The court considered the period of detention, the petitioners' clean record, and the likelihood of a prolonged trial in deciding to grant bail, emphasizing the principle of proportionality in detenti....
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
