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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Deepak – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief sought
The jurisdiction of this Court under Section 483 of BNSS, 2023 has been invoked for grant of regular bail to the petitioner in FIR No. 671, dated 29.07.2022, under Sections 22, 22(C), 22(A), 29 of NDPS Act, 1985, registered at Police Station Karnal City, District Kamal.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
3. Contention:
On behalf of the petitioner
Learned counsel for the petitioner contends that the petitioner is at parity with the another co-accused Ashish Kumar alias Ashu, who has been granted the concession of regular bail by this Court vide order dated 02.08.2024 passed in CRM-M-34430-2024, copy of which has been produced before this Court by learned counsel for the petitioner. He further contends that the petitioner was not initially named in the instant FIR but was subsequently roped in the same only on the basis of disclosure statement of co-accused Kanhaiya Saini. It has been asserted on behalf of the petitioner that nothing has been recovered from the present petitioner also other co-accused persons, namely, Dharamveer and Amit Kumar have already been granted the concession of
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 a rule and jail is an exception; prior criminal cases should not unjustly influence bail decisions.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
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