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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Major Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral) -
1. Relief Sought
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No. 131 dated 5.10.2023, (Annexure P-1) under sections 380, 457, 148, 149, 411 IPC of 1860, registered at P.S. Kartarpur District Jalandhar.
2. Prosecution story set up in the present case as per the version in the FIR reads as under:
'Statement of Deepak Kumar son of Purshotam Lal, r/o H. No.3153, Baniya Mohalla, Kartarpur Jalandhar Rural aged 60 years. Mobile NO.98724-00857, 98724-00997. Stated that I am resident of above noted address and is having the showroom for the past 20 years Raur, Company distribute products at Baradari Bazaar, Kartarpur and of Post office L. G. and Oriental alongwith and this Oriental District I also Company Hoshiarpur, LG to Kapurthala, Nawanshahar, Jalandhar and for that I have made a godown in 2% kanals land on Kishangarh road in between Bajaj Hospital and Petrol pump Kartarpur where I supply the products of L.G. and oriental company to Kapurthala, Nawanshahar and Jalandhar and Hoshiarpur, I have kept migrant labourers from U.P. in the godown. They last night at about 3.00 a.m. told me at my hou
Presumption of Innocence - A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty.
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
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