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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Sanjay Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Sandeep Moudgil, J.
Relief Sought
This petition has been filed under Section 439 Cr.P.C. seeking the concession of regular bail for the petitioner in FIR No.35 dated 20.04.2024, under Sections 406 and 420 IPC, 1860, registered at Police Station Phase-11, District SAS Nagar, Mohali.
2. Prosecution story set up in the present case as per the version in the FIR reads as under :-
'Duplicate Application No: 414/P/SSP dated 19-1-2024 by Amit Gupta son of Hari Ram Resident of House No: 88 Phase 11 Mohali who is in Mazboon Jail; To the SSP Mohali Punjab. Respected Sir, Sub: complaint against forgery. We Amit Gupta and Tanu Gupta resident of house no. 88 phase XI Sector 65 Mohali is lodging a complaint against forgery by Sanjay Kumar and Poonam Kumari Resident of house no. 2646 phase XI Mohali (I Floor) & Permanently belong to Budha Bar Tehsil Mukerian, District Hoshiarpur, Mobile no. 9815855129, 9779099609 (Poonam Kumari no.6283297782) According to him he is designated as a head clerk in Punjab university in April 19. He assured us for a government, administrative job in university & till now there is no job description & took our original documents. Even he has taken Rs. 10,00,000 for
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.
Bail is the rule and jail is the exception, emphasizing the presumption of innocence and the necessity to balance individual liberty with societal interests during bail considerations.
The presumption of innocence and the right to a speedy trial necessitate the grant of bail, emphasizing that incarceration should be the exception, not the rule.
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
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