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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Shishan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
CRM-45451-2024
Application is allowed, as prayed for.
Annexures P-1 to P-6 are taken on record with just exceptions.
1. Relief Sought
The jurisdiction of this Court under Section 483 BNSS, 2023 has been invoked for the 2nd time seeking regular bail to the petitioner in FIR No. 89, dated 13.05.2024, under Sections 216, 307, 387, 506, 34 and 120-B of IPC, 1860 and Section 25 of Arms Act (Sections 216 of IPC and 25 of Arms Act added later on) registered at Police Station City Safidon, District Jind.
2. Facts
Facts as narrated in the FIR reads as under:-
"TO, The SHO, Police station, City Safidon. Subject: - Complaint against unknown people for demanding Extortion and on refusal of paying extortion, they fired upon my Partner namely Deepak, with intention to Kill at our shop. 1. That We have Mobile shop namely " 7VK Communication" at Stadium market and my Shop No are 17 & 18 and in this shop I, Ankur Gupta Son of Ashok Gupta resident of Safidon presently residing in, Model Town, Virat Nagar Panipat, and I am partner with Deepak son of Rajender Prasad of Sadfion. 2. That I have received Whatsapp call Mobile Number 447309801064 on 30.3.2024 for extortion, on
The right to a speedy trial is essential; bail should not be denied as punishment.
Bail should be granted unless compelling reasons exist, balancing the accused's liberty with victim protection, especially when the accused is a first-time offender.
The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
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