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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Harcharan Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief Sought -
This petition has been filed under Section 483 of the BNSS, 2023 (read with Section 439 Cr.P.C.), for grant of regular bail to the petitioner in case FIR No.62 dated 22.08.2024 (Annexure P-1), under Sections 419, 420, 467, 468, 471 and 120-B of the IPC, 1860, registered at Police Station Ladhuwal, District Police Commissionerate Ludhiana.
2. Prosecution story set up in the present case as per the version in the FIR reads as under :-
'At this time it is recorded that an application PGD No. 407804 dated 09.08.2024 by Ajit Singh son of Gurbachan Singh resident of village Nurpur Bet, Ludhiana, was received at Police Station through post for registration after the case investigation was done. Which is as under: To The Commissioner of Police Ludhiana Sub: Complaint agianst 1. Mohinder Singh son of Kamail Singh son of Swaran Singh, resident of Gali no. 2, Ichhewala road Veer Nagar Ferozepur City, (Adhar card 4395 2093 2401) 2. Subahsh Chand son of Shri Amar Nath, House no. 35, Club road, Civil lines, Near Durga Mata Mandir, Ludhiana, 3. Bunty-16- Kumar Numberdar, village Sunet, Ludhiana 4. Gurcharan Singh, Advocate, Distt. Courts, dhiana. F
Criminal proceedings are not meant for recovery of disputed dues; the presumption of innocence underlies the decision to grant bail when no risk of flight or witness tampering is established.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld when investigation is complete and no further recovery is needed.
Bail should not be withheld as a pre-trial punishment – Criminal Court, exercising jurisdiction to grant of bail or anticipatory bail is not expected to act as a recovery agent to realize dues of com....
Point of law: The entire case record of the criminal case has gone missing. The matter does not end there, as the Court has reasons to believe that to make show of the court record of this case has g....
Point of law : The entire case record of the criminal case has gone missing. The matter does not end there, as the Court has reasons to believe that to make show of the court record of this case has ....
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