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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Jobanjit Singh Alias Vijay Alias Joban – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
On 16.09.2024, the following order was passed by this Court:
'1. The present petition has been filed under Section 439 of Cr.P.C., 1973 by petitioner - Jobanjit Singh @ Vijay @ Joban for grant of regular bail to him in FIR No.55 dated 07.11.2023 under Sections 363, 366- A, 376 and 120-B of IPC and under Section 6 of POCSO Act, registered at Police Station Mattewal, District Amritsar Rural.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
3. Learned counsel for the petitioner has argued that the prime role ascribed to the petitioner (herein) is that he has helped his brother namely Ajay Pal Singh in enticing away the victim as also committing sexual assault upon her. Learned counsel has further argued that the petitioner is in custody since 14.12.2023. It has been further argued that the co-accused namely Ajay Pal Singh and the victim were on friendly terms & the petitioner (herein) has been falsely implicated into the FIR in question. According to learned counsel, the testimonies of the prime prosecution witnesses i.e. the victim as also her mother, stand already recorded and hence there is no lik
The court established that the welfare of women and the right to a speedy trial are critical factors in bail considerations, especially in cases involving serious allegations.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
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