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2024 Supreme(P&H) 368

JAGMOHAN BANSAL
Gursant Singh – Appellant
Versus
State through National Investigation Agency – Respondent


Advocates Appeared:
For the Appellants : Simrat Kaur, Hitesh Verma, G.K. Mann, Anmol Jeevan Singh Gill, Sajal Bansal, Gursharan Singh, Keshavam Chaudhary, R.S. Bains, Anmoldeep Singh.
For the Respondents: Sukhdeep Singh Sandhu, Salil Sabhlok.

JUDGMENT :

JAGMOHAN BANSAL, J.

1. By this order, we are going to adjudicate question of release of four persons on regular bail who are languishing in the dungeon for last four years.

At the outset, we deem it appropriate to notice remarkable words of two Judge Bench of Supreme Court in a recent judgment dated 03.07.2024 passed in Javed Gulam Nabi Shaikh v. State of Maharashtra and another, Criminal Appeal No. 2787 of 2024. Hon’ble Bench has observed that criminals are not born out but made. The human potential in everyone is good so never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. Over a period of time, the Trial Courts and High Courts have forgotten a very well settled principle of law that bail is not to be withheld as a punishment.

2. By this common order, above captioned four appeals which are arising out of same FIR/R.C. as well as police report under Section 173 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) are hereby adjudicated. The appellants are seeking setting aside of orders passed by learned Special Judge and

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