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VIKAS BAHL
Palwinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is the second bail application under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No. 75 dated 08.11.2021 registered under Sections 302, 307, 364, 379-B, 326, 325, 324, 323, 148 and 149 IPC (Sections 307, 379B, 326, 325, 324 of IPC have been added later on) at Police Station Balianwali, District Bathinda.
2. Learned counsel for the petitioner has submitted that the petitioner is a lady and has been implicated in the present case along with six other members of her family, including her mother-in-law, Sukhdev Kaur and that as per the FIR, no specific role or injury has been attributed to the petitioner and no recovery has been effected from the petitioner. It is further submitted that the petitioner is in custody since 02.03.2022 and the investigation is complete and challan has been presented and there are 32 witnesses, out of whom, only three have been examined and thus the trial is likely to take time. It is further submitted that the last bail application of the petitioner was dismissed as withdrawn on 19.09.2022 at that stage with liberty to file a fresh petition after the examination of the complainant Harjeet Singh, who
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.
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 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 court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The decision to grant regular bail was influenced by the petitioner's personal circumstances, the absence of evidence of potential interference with the case, and the duration of her incarceration.
The court established that the denial of bail should not serve as a pre-trial punishment and emphasized the importance of the accused's right to liberty and a speedy trial.
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