Back
JAGMOHAN BANSAL
Paramjit Singh – Appellant
Versus
State of Punjab – Respondent
JAGMOHAN BANSAL, J.
1. The petitioner, through instant petition under Section 439 Cr.P.C., is seeking regular bail in FIR No. 122 dated 14.07.2020 under Section 346 of IPC (Sections 363, 366-A, 376 of IPC and Section 6 of POCSO Act added subsequently), registered at Police Station Tibba, District Police Commissionrate Ludhiana.
2. Learned counsel for the petitioner inter alia contends that FIR was initially registered under Section 346 of IPC and Sections 363, 366-A, 376 of IPC and Section 6 of POCSO Act were added later on. There is no medical evidence against the petitioner. The petitioner is in custody for more than 2½ years. The prosecutrix stands examined and call detail record confirms that petitioner was in regular relation with the prosecutrix. Thus, it was a consensual relation between the parties. The petitioner is not involved in any other offence. The petitioner has been wrongly implicated in the commission of alleged offence. The petitioner is permanent resident of District Jalandhar and staying with family members. The petitioner has deep roots in the society. There is no possibility of flee from justice.
3. Custody certificate dated 16.01.2023 is taken on record. Regist
The court considered the length of custody, lack of medical evidence, and the nature of the relationship between the petitioner and the prosecutrix in granting bail.
The court considered the age of the accused and the prosecutrix, the nature of the alleged offense, and the prevailing conditions of undertrial prisoners in India in reaching its decision to grant ba....
The fundamental right of the accused to defend himself while not in custody is a crucial factor in considering bail applications.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial infringes on personal liberty.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
The court emphasized the right to personal liberty under Article 21, ruling that continued detention without compelling evidence is unjustified, leading to the granting of bail.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial violates this right.
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
