PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Harpal Singh @ Lillu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
CRM-19397-2024 in CRA-S-1770-2024
For the good and valid reasons assigned in the application, the delay of 406 days in filing the appeal, is condoned.
Application stands disposed of accordingly.
CRM-13373-2024 in CRA-S-1209-2024
For the good and valid reasons assigned in the application, the delay of 245 days in filing the appeal, is condoned.
Application stands disposed of accordingly.
Main Case(s)
1. All the four above mentioned instant appeals are amenable to be decided together, as the common relief of regular bail has been sought therein, in case FIR No.164, dated 16.04.2022, under Sections 148, 149, 302, 307, 323, 506, 379-B, 120-B and 201 of the IPC, 1860, and under Sections 25 and 29 of the Arms Act, 1959, and Section 3 of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Sector-17, HUDA, Jagadhri, Yamuna Nagar, therefore, all the above instant appeals are taken up together for adjudication.
FACTS OF THE CASE
2. The instant FIR, has been registered on a statement suffered by one namely, Mohit Sharma, who is alleged to be an injured eye witness. The relevant extract of the statement, which become the bed
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; applicants entitled to bail due to lengthy trial and lack of evidence against them.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
The right to bail is crucial and should not be denied without substantial justification; the absence of specific attribution in supplementary statements favors bail.
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