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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Davinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
1. Relief sought
The jurisdiction of this Court has been invoked under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 40 Dated 07.04.2024, (Annexure P-1) under Section 22/61 of the NDPS Act (Sections 25 and 29 of NDPS Act added later on), registered at P.S. Sri Anandpur Sahib, District Rupnagar.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
"Copy of ruga, Jai Hind, Today, I, ASI alongwith ASI Raj Kumar 901/R, C. Sandeep Kumar 582/R, P.H.G. Parmod Kumar through a Government vehicle No.PB-65BF-2068, whose driver C.Raj Kumar 192/R, in connection with patrolling and checking of suspicious persons, while doing towards the Bhakra Canal Patri Ganguwal to Bikarpur side, while conducting the nakabandi and started checking of the vehicles, near the gate of Patri, thenthe time would be about 7.10 pm. During checking a car bearing NO.PB-12-s-0301, colour white came from Bikapur side, then they tried to turn back the car after seeing the police party, due to no space to turn the car, then I ASI with the help - of fellow officials, apprehended the fo
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
The presumption of innocence dictates that bail is the general rule, with imprisonment being the exception; humane discretion in bail decisions is essential.
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