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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Surjit Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief sought
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 13, dated 19.02.2023 under Sections 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of NDPS Act added later on) registered at Police Station Khanauri, District Sangrur, Punjab.
2. Contentions
On behalf of the petitioner
Learned counsel for the petitioner contends that petitioner has been falsely implicated in this case. There is no evidence against the petitioner which would connect her with the commission of crime. It is further submitted that co-accused Amandeep Kaur, daughter of the petitioner has been granted the concession of regular bail by coordinate Bench of this Court vide order dated 19.01.2024 passed in CRM-M-39828-2023. The petitioner is behind the bars since 19.02.2023, investigation in the case is complete. Challan stands presented on 15.06.2023 and charges were framed on 08.08.2023. Out of total 14 prosecution witnesses, 9 have been examined as on date. No other criminal case is pending against the petitioner under the NDPS Act or otherwise. The petitioner has undergone 1 year 5
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.
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
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....
The fundamental principle of criminal jurisprudence that 'Bail is the Rule and Jail is an Exception' and the right to a speedy trial are central legal points established in the judgment.
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.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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