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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Mohan Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.85 dated 05.03.2022 registered for the offences punishable under Sections 302, 34/114 of IPC and Section 25 of Arms Act (Section 354 of IPC added later on) at Police Station Chandhut, District Palwal, Haryana.
2. The case set up in the FIR in question is as follows:-
'To SHO, P.S. Chandhut, District Palwal. Sir, Dungar Singh S/o Nahar Singh, I am resident of Village Chowkda, P.S. Maat, District Mathura. I have two children. My daughter Rajni is aged about 19 years and married on 07.02.2022 with Greeting Nohwar S/o Mohan Singh, R/o Village Singhoni, P.S. Naujheel, District Mathura, right now residing in the colony in front of Jeevan Jyoti Global School, District Palwal, near Kithwari and her marriage was solemnized according to Hindu rites and ceremonies. After 7 days of wedding, we took our daughter for one hour for meeting and then after a few days when my daughter talked to me on phone, she told me that her father-in-law keeps bad eyes on her and asked her to press his feet and acts dirty and has tried to force her, then I expla
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
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 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 paramount, and prolonged detention without trial is unjustifiable.
Second/successive bail petitions are maintainable if substantial changes in circumstances are demonstrated, and courts must provide clear reasons for granting such petitions.
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