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GURVINDER SINGH GILL
Amit – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Gurvinder Singh Gill, J. - The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No. 71 dated 28.01.2022 at Police Station 32-33, Karnal, under Sections 420, 467, 468, 471 IPC and Section 12 of the Passport Act (Sections 166, 218, 120-B, 201 IPC and Sections 7, 7A, 8 and 13 of the Prevention of Corruption Act, 1988 added later on).
2. The allegations, in nutshell, are that the petitioner had been facilitating issuance of passports to various persons on the basis of forged documents.
3. Learned counsel appearing on behalf of the petitioner has submitted that he has falsely been implicated in the present case and that in any case, the passport had been issued after following due procedure including verification by the police.
4. On the other hand, learned State counsel while opposing the petition has submitted that in the present case some of the police officials were also hand & gloves with other accused and that false verification reports have been made in favour of the applicants (applicant for issuance of a passport) even though the said applicants were not residing at the given addresses. Learned State counsel has also submitted tha
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.
The court considered the nature of allegations, the duration of custody, and the likelihood of a lengthy trial in granting bail to the petitioners.
Prolonged custody without trial commencement may be a significant factor in granting bail, especially when further detention is unlikely to serve any useful purpose.
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 main legal point established is that the necessity of custodial interrogation and the presence of evidence linking foreign travel to illegal activities are crucial factors in determining the gran....
Anticipatory bail may be granted where the prosecution fails to demonstrate the necessity for custodial interrogation or present sufficient evidence of ongoing criminal activity.
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