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VIKAS BAHL
Renu Bala – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - CRM-8871-2022
1. Allowed as prayed for.
2. Annexure A-1 is taken on record subject to all just exception.
Main Case
3. This is the third petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 13 dated 24.01.2020 under Sections 323, 326, 307 and 506 of the Indian Penal Code, 1860 registered at Police Station Sarabha Nagar, District Ludhiana.
4. Learned counsel for the petitioner has submitted that the petitioner is the daughter-in-law of the complainant/injured and has two minor children and has been in custody since 24.01.2020 and there are as many as 11 witnesses out of whom, 4 witnesses have been examined and 7 witnesses are yet to be examined and thus, the trial is likely to take time. It is further submitted that there is no doctor's opinion declaring any injury to be dangerous to life. It is contended that the first bail application of the petitioner was dismissed as withdrawn on 14.05.2020 and the second regular bail application was dismissed by a coordinate Bench of this Court on 29.07.2020. It is submitted that after 29.07.2020, 3 private witnesses i.e. the complainant, the husband of the complainan
The fundamental right to a speedy trial and the changed circumstances justifying subsequent regular bail applications were central legal principles established in the judgment.
The main legal point established in the judgment is that the lack of specific attribution of any injury to the petitioner and the prolonged custody of the petitioner were key factors in granting the ....
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
The role of the accused in the case and other circumstances should be considered in deciding a bail application, and criminal antecedents alone cannot be the basis for rejection of bail.
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
The length of custody, completion of investigation, and likelihood of trial taking time are relevant factors in granting bail in cases under the NDPS Act. The right of the accused under Article 21 of....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
The presumption of innocence and the right to a speedy trial necessitate the grant of bail, emphasizing that incarceration should be the exception, not the rule.
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
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