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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Rajat @ Rakshak – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
Petitioner is seeking the concession of bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.186 dated 31.12.2021 under Sections 307, 341, 323, 324, 34 (Section 302 added later on) of the IPC registered at Police Station Division No.7, District Police Commissionerate Jalandhar.
2. On the last date of hearing, learned State counsel had been directed to place on record a copy of the admission card of the deceased in SGL Hospital, Jalandhar, where he was initially taken following the occurrence in question by his son Deepak i.e. the complainant, since learned counsel for the petitioner had pointed out to some glaring contradictions appearing in the deposition of PW-4 Dr. Indreet Kaur qua the cause of injuries sustained by the deceased.
3. Learned counsel for the petitioner has drawn the attention of this Court to the cross-examination of PW-4 Dr. Indreet Kaur, wherein she categorically deposed that as per records of her hospital, the deceased had suffered injuries in a roadside accident when he was hit by an unidentified vehicle and thereafter, he was admitted in the hospital in a gasping state.
4. Learned State counsel, on instruc
An accused may be granted bail if no specific allegations are made against them in serious assault cases, particularly where prolonged detention is evident.
The decision to grant bail in a criminal case is based on the stage of trial, examination of witnesses, and the likelihood of further delay in the trial.
The main legal point established in the judgment is the grant of regular bail based on the lack of support from a key prosecution witness, the extended period of custody without trial conclusion, and....
Criminal Law - Bail Application - Provision for an accused to be released on bail touches upon the liberty of an individual. It is for this reason that this Court does not ordinarily interfere with a....
The court emphasized the importance of considering specific and serious allegations against the petitioner in a bail application and refused to delve into the innocence of other accused at this stage....
Court emphasized the necessity of strong evidence of premeditation for custody in serious allegations, finding contradictions in victim's family's statements sufficient to grant bail.
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