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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sahil – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This is the first petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No. 261 dated 09.09.2022 registered under Sections 364-A, 34, 506 of Indian Penal Code and Section 25 of Arms Act 1959 at Police Station Civil Line, Jind District Jind.
2. The FIR(supra) was registered on the statement of complainant Pardeep, who stated that he absented himself in a case under Section 379-A IPC in Sessions Court, Jind due to which Court had issued warrant of arrest against him. Police after apprehending him, produced him in the court on 16.7.2022. He was sent to Jail. On 01.09.2022, he came to know that he was granted bail. After getting bail, he came out from jail at about 7.30 PM. He searched for his brother Parveen, but could not find him. Amit alias Mitu son of Rajpal resident of village Shamlo Kalan, Vicky son of Jagmender resident of village Baroda District Sonepat and Sahil son of Surender resident of Baroda, District Sonepat came there. They told him that they got him released on bail and surrounded him. All three put him forcibly in white colour Scorpio vehicle standing outside the jail and
The court's decision highlighted the importance of considering the rights of the accused under Article 21 of the Constitution of India, especially in cases where the trial has not made any progress d....
The decision to grant regular bail was based on the petitioner's prolonged custody, lack of further investigation need, and the expected lengthy trial process, which rendered further detention unnece....
The main legal point established in the judgment is that further detention without the prospect of the trial being concluded in the near future would violate the rights of the accused under Article 2....
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