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SUMEET GOEL
Nirmal Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sumeet Goel, J. (Oral)
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case bearing FIR No194 dated 24.09.2023 registered for the offences punishable under Sections 304B of IPC, 1860 (Sections 498A, 406 & 120B of IPC were added later on) at Police Station Chheharta, District Amritsar.
2. The case set up in the FIR in question (as set out by the petitioners in the present petition) is as follows:-
Second/successive bail petitions are maintainable if substantial changes in circumstances are demonstrated, and courts must provide clear reasons for granting such petitions.
The court established that the welfare of women and the right to a speedy trial are critical factors in bail considerations, especially in cases involving serious allegations.
The court considered the welfare legislation pertaining to bail for women and the provisions of Section 437 and Section 439 of Cr.P.C in granting bail to the petitioner based on the totality of the f....
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged detention without trial is unjustifiable.
The court established that instigation under Section 306 IPC requires clear evidence of intent to push the victim to suicide, which was lacking in this case.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
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