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KULDEEP TIWARI
Kamal Kishore – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
CRM-43695-2024
1. As prayed for, the instant application is allowed. Copy of the testimony of PW7 Nishu is taken on record as Annexure P-4.
CRM-M-35393-2024
2. Through the instant petition cast under Section 439 of the Cr.P.C., the petitioner craves for him being enlarged on regular bail, in case FIR No.148 dated 28.10.2022, under Section 302 of the IPC, registered at P.S. Nangal, District Rupnagar.
GIST OF THE FIR AND INVESTIGATION
3. The genesis of the present FIR is embodied in the statement made by one Harjit Kaur (hereinafter referred to as the ‘complainant’). The death of the complainant’s husband Shadi Lal (hereinafter referred to as the ‘deceased’) has constituted the bedrock for registration of the present FIR. Succinctly stated, the present FIR embodies allegations that the petitioner, in connivance with his co-accused, committed murder of the deceased.
4. The relevant extract of the present FIR, as narrated in the status report dated 28.09.2024, is reproduced hereunder:-
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.
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.
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