PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Ram Ratan Alias Ram Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No. 195 dated 10.09.2021, under Sections 302, 460, 459, 307, 34 and 120-B IPC and Sections 25 & 27 of the Arms Act, 1959, registered at Police Station Passiana, District Patiala.
2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 05.04.2023 and the investigation in the present case has been completed and there are 28 prosecution witnesses, out of which, only one witness has been partly examined, thus, the trial is likely to take time. It is further submitted that the petitioner was not named in the FIR and the said FIR was recorded on the statement of Paramjit Kaur, who is the complainant as well as the injured in the incident and in the said statement, the said Paramjit Kaur had specifically named four persons, who according to her, had come to the place where she along-with her deceased sister, namely, Kulwinder Kaur resided and had stated that out of the said four persons, two had fired gunshots at the complainant and her sister and other two persons had accompanied them and that she had seen a
The decision emphasized the importance of considering discrepancies in witness statements, lack of evidence against the accused, and prolonged custody without significant trial progress in granting r....
The central legal point established in the judgment is the requirement of direct evidence linking the accused to the crime, absence of recovery, and the influence of bail granted to a co-accused in d....
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
The decision to grant bail was influenced by the prolonged custody, incomplete witness examination, discrepancies in the prosecutrix's statements, and the genetic evidence.
The main legal point established in the judgment is the consideration of parity in granting bail, especially when the main accused has already been granted bail and there are no differentiating circu....
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