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HARPREET SINGH BRAR
Pawan Kumar – Appellant
Versus
Inspector (Preventive), Central Goods and Services Tax – Respondent
| Table of Content |
|---|
| 1. accusation and procedural background. (Para 1 , 2) |
| 2. contentions on bail conditions. (Para 3 , 4) |
| 3. court's observations on bail conditions. (Para 5 , 6 , 7) |
| 4. delay and undue incarceration issues. (Para 8 , 9 , 10) |
| 5. fundamental rights implications. (Para 11 , 12 , 13) |
| 6. judicial views on bail reforms. (Para 14 , 15 , 16) |
| 7. failure to uphold statutory rights. (Para 17 , 18 , 19 , 20) |
| 8. answer to legal query on bail. (Para 21) |
| 9. conclusion on bail conditions. (Para 22 , 23) |
| 10. order and enforcement of compliance. (Para 24 , 25 , 26) |
JUDGMENT :
Mr. Harpreet Singh Brar, J.
1. Present petition is preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashing of the order dated 23.02.2024 (Annexure P-11) passed by learned Additional Sessions Judge, Ludhiana, whereby the petition praying for relaxation of conditions prescribed for grant of default bail, imposed by learned Chief Judicial Magistrate, Ludhiana, vide order dated 15.03.2021 (Annexure P-1), has been dismissed.
FACTUAL MATRIX
2. The facts, tersely put, are that the petitioner was implicated as an accused in a complaint under Section 132 (1)(b) & (c)
Excessive bail conditions infringe personal liberty and violate the constitutional right to a fair trial under Article 21.
The right to seek default bail under Section 167(2) Cr.P.C. is a fundamental right and not merely a statutory right, which flows from Article 21 of the Constitution of India. The duty of the concerne....
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
(1) Bail – When trial gets prolonged, it is not open to prosecution to oppose bail of accused-undertrial on the ground that charges are very serious – Bail cannot be denied only on the ground that ch....
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