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AVNEESH JHINGAN
Raj Rani – Appellant
Versus
State of Punjab – Respondent
AVNEESH JHINGAN, J.
1. These two second petitions under Section 439 of the Code of Criminal Procedure is filed seeking regular bail in FIR No.21 dated 5.2.2021 under Sections 489, 489-A, IPC registered at Police Station City-2, District Mansa.
2. Earlier petitions were dismissed as withdrawn with liberty to revive the prayer at a later stage.
3. As per the case of the prosecution, acting upon a secret information, police recovered counterfeit currency worth Rs. 4,75,000/- from the petitioners.
4. The bail is prayed for on the grounds that petitioners are in custody since February, 2021, no further recovery is to be made, investigation is complete and they are not involved in any other case.
5. Learned State counsel on instructions from ASI Jasbir Singh opposes the prayer and submits that as per the report dated 9.4.2021 received from Currency Note Press, the recovered currency was counterfeit currency. He is not disputing the fact that charges have been framed and petitioners are not involved in any other case.
6. Without commenting on the merits of the case and considering the facts that the petitioners have no criminal antecedents, no further recovery is to be made from the petitioners
The decision to grant bail was influenced by the lack of criminal antecedents, no further recovery to be made, and the completion of the investigation.
The seriousness of the offence, the public interest, and the risk of the petitioner tampering with evidence or fleeing from justice were central to the court's decision.
The pursuit of education and upcoming exams can be considered as grounds for granting bail, even in the presence of a pending investigation and opposition from the prosecution.
Active involvement in preparing counterfeit currency and the recovery of semi-finished notes can be crucial factors in denying bail, especially when combined with the petitioner's involvement in othe....
The gravity of the alleged offense and its impact on national security were central to the court's decision.
The denial of bail based on the absence of witness testimony and adherence to procedural requirements under relevant legislation.
Pre-trial incarceration must not equate to punitive post-conviction sentencing; individual rights must be prioritized where the evidence suggests no further custodial necessity.
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