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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Amanpreet Singh @ Amna – Appellant
Versus
State Of Punjab – 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.2 dated 03.01.2024, under Sections 21-B/61/85 of the NDPS Act, and under Sections 25/54/59 of the Arms Act, registered at Police Station Bariwala, District Sri Muktsar Sahib.ALLEGATIONS AGAINST THE PETITIONER
2. The brief facts of the case, which are culled out by the Additional Sessions Judge, Sri Muktsar Sahib while declining the regular bail application of the present petitioner, reads as under:-
It is observed that instant FIR resulted against applicant Amanpreet Singh alias Amna Baba on the allegations that on 03.01.2024, investigating officer along-with police party, was on routine patrol duty and checking of miscreants and when police party was present on Kotkapura-Muktsar Road, then one white colour 120 car bearing registration No.PB30-Z-4781 was parked, wherein two young boys were moving hand in one 'plastic lifafa', who on seeing the police party got perplexed and threw the said 'plastic lifafa' near the gear liver, but they were apprehended with the help of police officials, who upon inquiry, disclosed their na
Bail is the rule and jail is the exception; the court must consider the health of the accused and the acquittal of co-accused when deciding bail applications.
Bail is the rule and jail is the exception; the presumption of innocence and circumstances of each case govern bail decisions.
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 court established that bail is the default option in criminal law, emphasizing the presumption of innocence and the right to a speedy trial, prior to evaluating eyewitness testimony.
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