Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Krishan Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
The jurisdiction of this Court has been invoked under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.5, dated 16.01.2024, under Section 308/341/148/149/506/325/323 IPC, registered at Police Station City-1, Sangrur, District Sangrur.
2. Learned counsel for the petitioner contends that the petitioner has been attributed with an injury having caused by an iron rod on the left thigh of the complainant but the same do not fall within the preview of the provisions of Section 308 IPC as is also evident from medico legal report presented along with the challan after completion of investigation.
3. On the other hand, learned State counsel has produced the custody certificate of the petitioner along medico legal report today in Court, which is taken on record. On a specific query put by this Court, he submits that it is a case of an injury given by a blunt weapon which has resulted into abrasion of 1X5 cms.
4. Be that as it may, having regard to the assertions made hereinabove and the fact that nothing is to be recovered from the possession of the petitioner who is attributed an injury which cannot be conclusively held to be covered
Bail is a rule and jail is an exception; prior criminal cases should not unjustly influence bail decisions.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
The presumption of innocence and the right to a speedy trial necessitate the grant of bail, emphasizing that incarceration should be the exception, not the rule.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is unjustifiable.
The right to speedy trial under Article 21 of the Constitution is fundamental, and bail is the rule while jail is the exception, especially when trial has not commenced for an extended period.
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
