SANDEEP MOUDGIL
Naveen Alias Nanga – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J. (Oral)
The jurisdiction of this Court has been invoked under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR. No.345, dated 31.08.2021, under Sections 147, 148, 302, 323, 506 IPC and Section 25 of Arms Act (Sections 364, 212 IPC and Section 25 of Arms Act added later on), registered at Police Station Ballabgarh Sadar, District Faridabad.
2. Learned counsel for the petitioner contends that no injury has been attributed to the petitioner on the person of the deceased with farsa as is evident from postmortem examination report (Annexure P-3). Reference has been made by learned counsel for the petitioner to the medico legal report of the injured Pardeep who was allegedly given farsa blow by the present petitioner that too on the back wherein only linear abrasions has been mentioned on upper back largest being 6 cmm approx on right side and these injuries have not been declared to be grievous in nature and even as per the case of the prosecution as pointed out by Mr. Chetan Sharma, DAG, Haryana that there is no specific injury attributed to the petitioner on the person of the deceased Bhupender. He further contends that the co-accuse
Bail is a rule and jail is an exception; prior criminal cases should not unjustly influence bail decisions.
The presumption of innocence and the right to a speedy trial necessitate the grant of bail, emphasizing that incarceration should be the exception, not the rule.
The court considered the completion of investigation, unlikelihood of the trial concluding soon due to the COVID-19 situation, and the bail granted to the co-accused as grounds for granting bail to t....
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