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KULDEEP TIWARI
Kamal Kishore – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual basis for murder allegations. (Para 2 , 3 , 4 , 5) |
| 2. challenges to bail application and prosecution's case. (Para 6 , 7) |
| 3. state's opposition to bail based on allegations. (Para 8 , 9) |
| 4. criteria and legal standards for granting bail. (Para 10 , 11 , 12 , 13 , 14) |
| 5. court's decision to grant bail based on circumstances. (Para 15 , 16) |
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 co
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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