Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Palo Rani – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
CRM-34247-2024
Application is allowed, subject to all just exceptions.
Annexures P-6 to P-8 are taken on record.
CRM-M-39356-2024 (O&M)
1. The instant petition has been filed on 07.08.2024 under Section 439 of Cr.P.C., 1973 for grant of regular bail.
As per the judgment rendered by this Court titled 'Abhishek Jain Vs. State of U.T. Chandigarh and another' (CRM-M-31808-2024) 2024 PHHC 085784, the instant petition is not maintainable under Section 439 of Cr.P.C., 1973. However, keeping in view the entirety of facts and circumstances of the case especially that the instant petition pertains to regular bail, the instant petition is directed to be considered as a petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Present petition has been filed for grant of regular bail to the petitioner in case bearing FIR No.224 dated 05.12.2021, registered for the offences punishable under Section 304-B of IPC (added later on & Section 302 IPC deleted), 34 IPC at Police Station Ding, District Sirsa, Haryana.
2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-
"Statement of Pamma Ram son of Shama
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.
The court considered the welfare legislation pertaining to bail for women and the provisions of Section 437 and Section 439 of Cr.P.C in granting bail to the petitioner based on the totality of the f....
The court considered the length of incarceration, examination of material witnesses, and the petitioner's undertaking not to influence the trial or witnesses in granting regular bail.
Second/successive bail petitions are maintainable if substantial changes in circumstances are demonstrated, and courts must provide clear reasons for granting such petitions.
The need for complete evidence evaluation before concluding on the case under Section 304-B I.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
