Back
JASJIT SINGH BEDI
Albert Masih @ Vicky – Appellant
Versus
State of Punjab – Respondent
JASJIT SINGH BEDI, J.
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.144 dated 14.09.2021 under Sections 365 IPC later on offence added under Section 302, 201, 34, 120-B IPC registered at Police Station Sadar Jalandhar, District Jalandhar, Punjab.
2. The present FIR came to be registered at the instance of Gurdeep Singh who stated that on 11.09.2021 his brother Hardeep Singh had left the house without stating anything and later on his phone was switched off. His brother had not come back and a search had been conducted for him. However, he was untraceable.
Based on the aforementioned statement the FIR initially came to be registered under Section 365 IPC. During the course of investigation, the statement of one Kamaljit Kaur wife of Inderjit Singh Sarpanch was recorded to the effect that the petitioners had made an extra judicial confession before her stating that they had taken Hardeep Singh on a motor cycle to the house of Albert Masih (petitioner no.1) where Tony (petitioner no.2) was also present. They all had consumed liquor and after a while started scuffling. Albert Masih injected Hardeep Singh with some intoxicant on account
The court emphasized that the accused's further incarceration was not required as the veracity of the allegations would be determined during the trial.
Circumstantial evidence and the duration of the trial process can influence the court's decision on bail applications.
The decision highlighted the importance of supporting evidence from key witnesses and considered the accused's status as a first-time offender in granting bail.
The right to a speedy trial under Article 21 of the Constitution can necessitate the granting of bail even in serious criminal cases.
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
