PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Farman – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari. J. (Oral)
1. Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No. 07, dated 01.01.2023, under Section(s) 302, 201 and 120-B and 34 of the IPC, registered at Police Station Industrial Sector-29, Panipat.
2. Learned Senior counsel for the petitioner submits that this is a second regular bail application, earlier one having been dismissed as withdrawn vide order dated 04.04.2024 (Annexure P-3), with a liberty to re-access this Court, in case there is an inordinate delay in disposal of the trial.
3. He submits that till date only the examination-in-chief of only 01 prosecution witness, has completed, and thereupon, the prosecution has preferred an application under the provisions of Section 319 of the Cr.P.C. for summoning one another person, i.e. Sibba, as co-accused (wife of the deceased). Therefore, the trial has not even moved an inch after the dismissal of the earlier bail application.
ALLEGATIONS AGAINST THE PRESENT PETITIONER
4. In the instant FIR, three persons were arraigned as accused, whereas Sibba (wife of the deceased-Wasim), was declared innocent during investigation.
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; the presumption of innocence and circumstances of each case govern bail decisions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.