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ASHOK KUMAR VERMA
Balbir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Ashok Kumar Verma, J. - This order will dispose of CRM-M-47777-2019, 10057-2020, 53966-2021 and 52739-2021 as the same arise out of a common FIR.
2. These petitions have been filed under Section 439 of the Cr.P.C. for grant of regular bail to the petitioners in case FIR No. 151 dated 12.10.2014 under Sections 302,148, 149, 120-B I.P.C. registered at Police Station Sarhali, District Tarn Taran (Punjab).
3. The case of the prosecution, in brief, is that one Salwinder Singh got recorded his statement before the Investigating Officer that he has one son and five daughters and paddy variety -1509 was brought by him. His son Gurjant Singh, his servant Swaran Singh and his brother-in-law's son- Satnam Singh son of Sukhdev Singh, their paddy was not auctioned and they put Tarpaulin on the heap of paddy and left their Farm House Behak and his son was driving his Motor Platina and his servant Swaran Singh was sitting on its pillion and he was sitting on the pillion of Satnam Singh and his brother-in-law's son. They started from Grain Market Sarhali to their Farm House on the Pacca road. His son and servant were ahead of them whereas he and Satnam Singh were following them and when they
The denial of bail is not for punitive purposes but for the bifocal interests of justice, and the court must consider the nature of the offence, character of the evidence, likelihood of the accused f....
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
Bail denied in murder case due to prima facie aggressor role evidenced by eyewitness, CCTV, blood-stained exhibits; criminal antecedents; witness tampering risk from prior enmity; trial delay not out....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
Grant of Bail – Investigation completed – Conditions imposed.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Though liberty is a greatly cherished value in life of an individual, it is a controlled and restricted one and no element in society can act in a manner by consequence of which life or liberty of ot....
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