PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Amardeep – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
Through this second petition cast under Section 439 of the Cr.P.C., the petitioner craves for him being enlarged on regular bail, in case FIR No.67 dated 03.02.2022, under Section 302 of the IPC (Sections 34, 201 of the IPC added subsequently), registered at P.S. Pinjore, District Panchkula.
2. Petitioner's initial bail petition bearing No.CRM-M-14890-2023 was dismissed as withdrawn by this Court, vide order dated 18.07.2023. However, on account of there being no progress in the trial since the drawing of the order dated 18.07.2023, petitioner has again approached this Court for claiming the relief of regular bail.
GIST OF THE FIR AND INVESTIGATION
3. The genesis of the present FIR is embodied in the statement made by one Ashok Kumar (hereinafter referred to as the 'complainant'). The death of the complainant's son Abhinav Chandel (hereinafter referred to as the 'deceased') has constituted the bedrock for registration of the present FIR. The relevant extract of the complainant's statement, as narrated in the reply dated 01.03.2024, is reproduced hereunder:-
"3...present case was registered on the statement of Ashok Kumar son of Khyali Ram, wherein he alleged
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.
Bail is the rule and jail is the exception; the court must consider the health of the accused and the acquittal of co-accused when deciding bail applications.
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