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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Mahesh Kumar @ Mahesh Bansal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Pankaj Jain, J.
Prayer in the petition is for grant of regular bail in FIR No.355 dated 28.10.2020 (Annexure P-1) registered for offences punishable under Sections 406, 420, 419, 465, 467, 468 and 471, 120-B of IPC (Sections 409 of IPC added later on) and Section 132 CGST Act, 2017 at Police Station Civil Line Sirsa, District Sirsa.
2. Counsel for the petitioner refers to order dated 22.03.2024 passed in CRM-M-14024-2024 whereby co-accused Padam Bansal has already been granted regular bail by this Court observing as under:-
"1. The afore-captioned petitions have been filed by the petitioners under Section 439 Cr.P.C. seeking grant of regular bail pending trial in the following FIRs :
FIR No. | Offences punishable under Sections | Registered at |
527 dated 27.07.2016 | 406, 409, 419, 465, 467, 468, 471 and 120-B of IPC. | Police Station Sirsa City, District Sirsa |
647 dated 24.10.2020 | 406, 419, 420, 465, 467, 468, 471, 409 and 120 B of IPC. | Police Station Sirsa City, District Sirsa |
348 dated 24.10.2020 | 406, 419, 420, 465, 467, 468, 471, 409 & 120-B of IPC and Section 132 of Central Good and Services Tax Act (CGST) | Police Station Civil Lines Sirsa, District Sirsa |
528 dated 27.07.2016 | 406, 409, 419, 42 | |
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
The main legal point established in the judgment is that the presumption of innocence lies in favor of the accused, and the object of bail is to secure appearance at trial. The judgment also emphasiz....
The main legal point established in the judgment is that bail is the general rule and its refusal is an exception, and that deprivation of personal liberty must be considered a form of punishment. Th....
In economic offences, bail is not a right; the burden rests on the applicant to show no risk of interference with justice or likelihood of guilt, reinforced by the position of the accused.
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