KIRTI SINGH
Parminder Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kirti Singh, J.
1. The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No. 285 dated 17.09.2023, under Sections 395 and 397 of IPC, registered at Police Station Barara, District Ambala.
2. The brief facts of the case are that a complaint was moved by Kamaljeet Singh, who alleged that he was involved in finance work. His brother-in-law, Rupinder Singh, had given him Rs. 6 lacs to arrange for his nephew’s travel abroad. On 16.9.2023, around 8:00 pm, while Kamaljeet was inside his house and his wife was at the gate, an Innova car stopped nearby, Three individuals alighted from the car, who forcibly entered the house. Later three more individuals came there and at gunpoint, they threatened the complainant and forcibly took Rs. 6 lacs in cash, a gold kara, four rings and his mobile phone. On the basis of CCTV footage, the car was identified and Parminder Singh-petitioner, who was driving, was apprehended and identified by the complainant.
3. Learned counsel for the petitioner inter alia submits that offending vehicle is not owned by the petitioner and the petitioner has been falsely implicated in this c
Dataram Singh vs. State of Uttar Pradesh and another
Bail is a rule, jail is an exception; deprivation of liberty without a speedy trial violates Article 21.
Right to speedy trial and personal liberty outweighs the risks associated with bail in non-violent drug offenses.
The right to a speedy trial under Article 21 mandates that prolonged detention without charges is unjust, warranting bail.
Bail is the rule and jail is the exception; the presumption of innocence and circumstances of each case govern 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.
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