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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Sukhdev Singh @ Sukh Shah – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
87 | 18.05.2024 | Ajnala, Amritsar Rural | 307, 324, 323, 148, 149, 120B IPC (Section 326 IPC added later on) and 25, 27, 54, 59 of Arms Act. |
1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. In paragraph 13.A of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
"2. That the brief and relevant facts of the case are that aforesaid FIR No. 87 dated 18.05.2024 was registered on the basis of the statement of Lovely Kumar son of Harjinder Kumar, who had alleged therein that on 18.05.2024, he was drinking sugarcane juice on the roadside at Bhakha Hari Singh and about 02:15 PM, one Audi Car No. CH01- 4781 came from Ajnala side and Amandeep Singh was driving the aforesaid car and Sartaj Singh was sitting on the next seat and the co- accused Sukhdev Singh, Varinder Singh and Bunty were sitting on the back seat, who on seeing him stopped and alighted from the car and the co-accused Sukhde
The court identified that bail may be justified even with serious charges if pre-trial incarceration is not necessary, considering circumstances and rights to a fair trial.
Bail can be granted even with prima facie evidence if further pre-trial detention is unjustifiable.
The court emphasized the requisite balance between personal liberty and the necessity of pre-trial detention, highlighting Article 21's protection against unjust deprivation of liberty.
Bail can be granted based on age, lack of antecedents, and significant time already served, ensuring conditions are set to prevent influence on witnesses.
The main legal point established in the judgment is the importance of a cumulative assessment of circumstances justifying bail, the discretion of the judge to exercise bail decisions judiciously, and....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, considering the cumulative effect of circumstances justifying t....
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 court can grant bail with stringent conditions based on the criminal antecedents and nature of allegations, ensuring compliance and preventing influence on the investigation or intimidation of wi....
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