PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Sudagar Singh Alias Saudagar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
1. Relief Sought
The jurisdiction of this Court under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been invoked seeking the concession of regular bail for the petitioner in FIR No.113 dated 21.12.2023, under Section 307, 452, 323, 148, 149 of Indian Penal Code, 1860 and Sections 25, 27, 54 and 59 of the Arms Act, 1959 (Sections 324, 326, 450, 201 of IPC added later on) registered at Police Station Sadar Rupnagar, District Rupnagar, Punjab.
2. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :-
'Copy of the Statement "Statement of Charan Dass s/o Balak Ram s/o Tulsi Ram r/o Village Bardar P.S Sadar Rupnagar District Rupnagar aged about 35 years Mobile No. 98159-58678 stated that I am the resident of the abovementioned address and doing the work of agriculture. Today as per the daily routine at about 6:15 AM, I went to the Temple of Peer Baba in my village which is at a close distance to my house for paying obeisance and when I entered the temple and was paying obeisance in the meantime in the temple, Sudagar Singh son of Mehar Singh armed with country made pistol in his hand a
Bail is the rule, not the exception, especially when there is no incriminating evidence and the accused has significant medical issues.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Bail is a rule and jail is an exception; prior criminal cases should not unjustly influence bail decisions.
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