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KULDEEP TIWARI
Harmandeep Singh Alias Harman – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J. (Oral)
Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.116 dated 05.06.2014, under Sections 22/27/61/85 of the NDPS Act, registered at Police Station Sadar, Jalandhar.
Allegations Against The Petitioner
2. A perusal of the FIR reflects that the petitioner, and other two co-accused were arrested by the Police, who were carrying some intoxicating substance, which were later on discovered as diphenoxylate Hydrochloride. The recovery which was effected from the present petitioner was 55 grams of intoxicant powder, and, whereas, from the co-accused Sandeep 150 grams of intoxicant powder was recovered. Therefore, the total recovery which was effected from the three persons falls within the ambit of commercial quantity. Earlier in the instant matter, petitioner was granted bail, however, due to his absence before the learned trial Court concerned, he was declared as proclaimed offender on 13.10.2016. On 21.01.2024, the petitioner was finally arrested, and since then he is behind the bars, and is facing trial in the FIR in question.
Submissions Of Learned Counsel For The Pet
Bail is the rule and jail is the exception; the court must consider the health of the accused and the acquittal of co-accused when deciding bail applications.
Bail is the rule and jail is the exception; the presumption of innocence and circumstances of each case govern bail decisions.
The fundamental principle of criminal jurisprudence that 'Bail is the Rule and Jail is an Exception' and the right to a speedy trial are central legal points established in the judgment.
The court established that bail is the default option in criminal law, emphasizing the presumption of innocence and the right to a speedy trial, prior to evaluating eyewitness testimony.
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