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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Ranjeet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
The instant petition has been filed on 12.07.2024 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.
1. Present petition has been filed for grant of regular bail to the petitioner in case bearing FIR No.199 dated 18.08.2022, registered for the offences punishable under Sections 376/506 of IPC and Sections 5 and 6 of POCSO Act at Police Station Lambi, District Sri Muktsar Sahib.
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 Amandeep Kaur d/o Piara Singh r/o Channu aged about 14 1/2 years mobile no. 70XXXXXXX stated that I am resident of aforementioned address and studying in 9th class i
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 fundamental, and undue incarceration due to prosecution delays warrants bail.
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
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