KULDEEP TIWARI
Baldish Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
The amenability of all these petitions for being decided through a common verdict originates from them being arising out of a common FIR, besides common relief(s) being yearned therein.
2. To be precise, in all these petitions, the petitioners seek the relief of them being enlarged on regular bail, in FIR No.08 dated 06.01.2023, under Sections 406/420/370/386/364-A/120-B of the IPC, and, Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014, registered at P.S. Sadar Kharar, District S.A.S. Nagar.
GIST OF THE FIR
3. The genesis of the present FIR is embodied in a complaint made by one Gurpreet Singh son of Manjit Singh (hereinafter referred to as the ‘complainant’). Notably, the complainant has now been transposed as an accused by order of the learned trial Court concerned.
4. Succinctly stated, the allegations levelled in the complaint (supra) are that, the petitioners and their co-accused cheated innocent persons to the tune of crores of rupees, on the pretext of sending them abroad. For ready reference, the relevant extract of the complaint (supra), as reproduced in the present FIR, is extracted hereunder:-
Gudikanti Narasimhulu and others Versus Public Prosecutor, High Court of Andhra Pradesh
Gurcharan Singh v. State (Delhi Admn.) (1978) 1 SCC 118
The principle that bail is the rule and jail is the exception was upheld, emphasizing the need for judicial discretion based on the specifics of each case.
The court established that prolonged incarceration without trial is unjust, reinforcing the principle that bail is the norm in criminal proceedings.
The court established that involvement in serious fraudulent activities, supported by substantial evidence, is a valid ground for denying bail.
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
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