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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Dharamveer – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Prayer in this petition filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No. 89 dated 02.11.2024 registered under Sections 115(2), 118(1), 351(2), 118(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS, 2023') at Police Station Nurpur Bedi, District Rupnagar.
2. As per the prosecution case, on 01.11.2024 the complainant Rakesh Kumar was getting a hair cut done at the shop of Harmesh @ Meshi in the village market, where at about 02:15 PM Dilpreet Singh and Surjeet Singh sons of Bhag Chand, Gurpreet Singh @ Gaggi, Harpreet Singh @ Kala sons of Kamal Chand, Preeti son of Shinder resident of Tedewal and an unknown person came. Dilpreet Singh and Harpreet Singh, who were armed with kirpans attacked upon Rakesh Kumar. Dilpreet Singh gave kirpan blow which hit on the left arm of complainant Rakesh Kumar. Harpreet Singh gave kirpan blow which hit on his left leg. Gurpreet Singh @ Gaggi, Surjeet Singh, Preeti and unknown person, who were also armed with kirpans had caused injuries on his left arm, left leg and other parts of his person with their respective weapons. Thereafter, the FIR (supra)
A delay in trial, especially for undertrial prisoners, infringes upon their rights under Article 21 of the Constitution.
Prolonged detention without trial violates Article 21 rights; co-accused receiving bail strengthens the case for bail.
The lack of specific overt acts against the petitioner, his injuries during the incident, and the protracted trial period justified his release on bail under Section 483 of BNSS.
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