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VIKAS BAHL
Amarjit Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral). - CRM-10307-2022
Allowed as prayed for.
Anneuxre P-1, i.e. statement of PW-1 Jaspreet Singh is taken on record subject to all just exceptions.
CRM-M-9796-2022
1. This is a first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.86 dated 21.04.2021 registered under Sections 323, 325, 341, 307, 34 IPC (Section 302 IPC added later on) at Police Station Sadar Samana, District Patiala.
2. Learned senior counsel for the petitioner has submitted that in the present case, the FIR was registered on the statement of Jaspreet Singh, who is son of the deceased Sukhdev Singh and in the said FIR, he has stated that he had witnessed the occurrence which had taken place at 7:30 PM on 20.04.2021 in which, three persons were stated to be involved. It has been highlighted that in the FIR it has been stated that "now I have come to know that out of the persons who had beaten my father, one of them is Sohi Baba". It is further mentioned in the FIR that said statement has been given on 21.04.2021 with respect to the incident that took place on 20.04.2021 after consulting his brother Lovepreet Singh. Learned senior counsel for the petition
The central legal point established in the judgment is the need for a trial to resolve issues of identity and contradictory statements before granting bail.
The lack of evidence attributing any injury to the petitioner and the potential delay in the trial due to the pandemic were key factors in granting bail.
The decision emphasized the importance of considering discrepancies in witness statements, lack of evidence against the accused, and prolonged custody without significant trial progress in granting r....
Under Section 439 CrPC, prolonged pre-trial custody, lack of direct evidence, and the presumption of innocence support the grant of bail, especially when co-accused have been released.
The main legal point established in the judgment is the presumption of innocence and the need to secure the presence of the accused during trial when considering a bail application.
Bail is the rule and jail is the exception, and the length of judicial custody can be a factor in granting bail.
The presumption of innocence at the pre-conviction stage and the need for a complete chain of evidence in cases involving circumstantial evidence are crucial legal principles established in the judgm....
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