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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Malkit Singh @ Bago – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Vikas Bahl, J (Oral)
1. This is the first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No. 37 dated 11.04.2022, registered under Sections 304 and 34 IPC and Sections 25/27 of the Arms Act, at Police Station Sekhwan, District Gurdaspur.
2. Learned counsel for the petitioner has submitted that the present case has been registered on the statement of Baldev Singh son of Bachan Singh, who is the father of the deceased Manjinder Singh, and in the FIR it has been stated by the said Baldev Singh that on 10.04.2022, his cousin Ajit Singh had informed him on the phone that one Sahil Sharma had called and told that someone had fired a gun shot at Manjinder Singh during a quarrel and that he had been taken to the hospital. It is further alleged in the FIR that the complainant came to know that Ajay @ Prontha had a quarrel with some persons and he had called Manjinder Singh (deceased) along with some other boys, to the place, where the quarrel had taken place and there some unknown persons had shot Manjinder Singh. It is submitted that the petitioner was not named in the FIR and a supplementary statement dated 17.04.2022 was recorded by the comp
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 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 main legal point established is that weak evidence, such as an extra judicial confession and non-incriminating call records, along with the petitioner's age and time spent in custody, can influen....
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The prolonged detention of the petitioner without trial violates the right to a speedy trial, warranting the grant of bail.
The main legal point established in the judgment is the consideration of the period of custody, progress of the trial, and absence of the petitioners in any other case in granting regular bail under ....
The main legal point established in the judgment is the consideration of the period of custody, the progress of the trial, and the absence of the petitioners in any other case as key factors in grant....
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