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JASJIT SINGH BEDI
Sarabjit Singh @ Kala – Appellant
Versus
State of Punjab – Respondent
JASJIT SINGH BEDI, J.
1. The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.0173 dated 13.07.2021 under Sections 302/34 IPC registered at Police Station Chattiwind, District Amritsar Rural.
2. The brief facts of the case are that the statement of one Manjit Kaur wife of Jagir Singh was recorded to the effect that she had four children out of which one was Sandeep Singh @ Baba. On 12.07.2021 at about 4.00 pm when she was present at home she got to know that a fight had taken place between her son Sandeep Singh @ Baba and Mannu son of Dilbagh Singh, Gaggu son of Hardev Singh (since granted bail vide order dated 08.12.2022 in CRM-M-37808-2022), Kala son of Nimma (petitioner) and a few unidentified persons. When she reached near government hospital village Guru Wali then she saw the above persons along with 2/3 unidentified person beating her son Sandeep Singh. They were giving kick blows in the abdomen and groin of her son Sandeep Singh. On raising a noise the aforementioned persons fled away from the spot. She brought her son home. However, after sometime his health deteriorated and when arrangements were being made to take him to hospit
The court considered the nature of injuries, absence of weapons, and the petitioner's young age and first-time offender status in granting bail.
The court granted bail due to prolonged custody and lack of specific allegations against the petitioner, emphasizing that unnecessary incarceration should be avoided.
The main legal point established in the judgment is that further detention without the prospect of the trial being concluded in the near future would violate the rights of the accused under Article 2....
Bail is the rule and jail is the exception, and the length of judicial custody can be a factor in granting bail.
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