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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Vikash Alias Popat – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
1. Relief Sought
The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked seeking the concession for the grant of regular bail to the petitioner in FIR No. 144 dated 20.05.2023, under Sections 387/506 IPC, 1860 (challan presented under Sections 109/120-B/201/387/506 IPC) registered at Police Station Loharu, District Bhiwani, Haryana.
2. Prosecution story set up in the present case as per the version in the FIR read as under :-
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. The alleged allegations against the petitioner is that the mobile phone used in the commissioning of the offence has been recovered from the petitioner and this fact has not been denied that the offence is triable by the Magistrate wherein the petitioner has been in custody for last more than 1 year and 1 month. He submits that no fruitful purpose would be served by keeping the petitioner behind the bars as no further recovery is to be made from the petitioner.
On behalf of the State
On the other hand, learned State Counsel appearing on advance notice, accepts not
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 presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
Bail is the rule and jail is the exception; the presumption of innocence and circumstances of each case govern bail decisions.
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
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.
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