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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Padam Bansal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral) -
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, 420, 465, 467, 468, 471 and 120-B of IPC. | Police Station Sirsa City, District Sirsa |
644 dated 24.10.2020 | 406, 419, 420, 465, 467, 468, 471, 409 & 120-B of IPC. | Police Station Sirsa City, District Sirsa |
650 dated 24.10.2020 | 406, 409, 419, 420, 465, 467, 468, 471 & 120-B of IPC. | Police Station Sirsa City, District Sirsa |
642 dated 24.10.2020 | 406, 409, 419, 420, 465, 467, 468, 471 and 120-B IPC. | Police Station Sirsa City, District Sirsa |
2. All the matters involve similar allegations, thus the same are being disposed of
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....
Bail is not to be withheld as a punishment, and there is no justification for classifying offences into different categories and refusing bail on that ground.
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.
The main legal point established in the judgment is that the grant of bail is the rule and refusal is the exception, and the gravity of the offence is an aspect to be kept in view by the Court. The c....
The Court emphasized the right to a speedy trial under Article 21, asserting that undue delays in trial violate this right and warrant bail, even for serious offenses.
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