PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Ram Karan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.274, dated 19.10.2023, under Sections 307, 323 and 506 read with Section 34 of the IPC, registered at Police Station Lakhan Majra, District Rohtak.ALLEGATIONS AGAINST THE PETITIONER
2. The allegation against the petitioner is that he gave three spade blows on the head and forehead of the complainant-Rohit, on account of some property dispute.
3. The prosecution agency was set into motion on a complaint made by aforesaid Rohit Kumar. The relevant extract of the FIR reads as under:-
"To, The SHO Sahib, Police Station Lakhan Majra. Sir, It is requested that I am Rohit Kumar S/o Rajender Singh, resident of village NandaL My grandfather Fateh Singh has installed a tubewell in the field, which we all use one by one. Yesterday on 18.10.2023 in the evening, I had put oil in the engine. Today on 19.10.2023 at about 7 o'clock, when I went to the field in the morning, my uncle Rajbir and his son Ram Karan were running the tubewell there. When I told to them about filling of oil, then Rajbir immediately started abusing me and slapped
The main legal point established in the judgment is the principle that bail is the rule and jail is an exception, emphasizing the presumption of innocence and the right to a speedy trial.
Bail is the rule and jail is the exception; the presumption of innocence and the right to a speedy trial are fundamental principles guiding bail decisions.
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