Back
VIKAS BAHL
Sapanpreet Singh – Appellant
Versus
State of U. T. Chandigarh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is the second petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.82 dated 30.04.2022 registered under Sections 279, 337 IPC (Section 304(1) IPC added later on and charges framed under Section 304 IPC) at Police Station Sector 17, Chandigarh.
2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 01.05.2022 and the investigation is complete and the challan has already been presented and out of 24 witnesses, only 4 witnesses have been examined and thus, the trial is likely to take time. It is further submitted that the present case was registered on the statement of Mani Khosla complainant, who was an eye witness and the said complainant has been examined and he has not supported the case of the prosecution and has been declared hostile. Learned counsel for the petitioner has further referred to the MLR of the deceased dated 30.04.2022 (Annexure P-3) to highlight the fact that it has been specifically recorded that breath of the deceased smelled of alcohol at the time of examination. Further reference has been made to the post-mortem report dated 02.05.2022 (Annexure P-4) i
The decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
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 court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
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....
The main legal point established is that a bail application cannot be rejected solely based on the accused's involvement in other cases, and the court must consider the specific circumstances of the ....
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
