PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Manpreet Singh @ Happy @ Maan – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Kirti Singh, J. (Oral)
The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.49 dated 25.03.2022, under Sections 379-B & 411 IPC, registered at Police Station Majitha Road, Amritsar.
2. Learned counsel for the petitioner inter alia submits that allegedly on 24.03.2022, at around 8.40 p.m. the complainant along with her daughter-in-law, namely, Shikha Sharma were walking on the street where two persons with muffled faces came on Activa Scooter and the pillion rider snatched the gold chain worn by her and fled from the spot. He further submits that the petitioner has been falsely implicated in this case. He has undergone an actual custody of 02 years, 01 month and 20 days. The petitioner is involved in 11 other criminal cases, however, in 03 cases he has been acquitted and in 02 cases he has already been undergone the sentence.
Further, he has placed reliance upon the judgments passed by the Apex Court in "Dataram Singh vs. State of Uttar Pradesh and another, (2018) 3 SCC 22" and "Abdul Rehman Antulay and others v. R.S. Nayak and another", 1992(2) RCR (Criminal) 634 in support of his submissions.
3.
Bail is a rule, jail is an exception; deprivation of liberty without a speedy trial violates Article 21.
Right to speedy trial and personal liberty outweighs the risks associated with bail in non-violent drug offenses.
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.
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