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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Gurdeep Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
Prayer in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner, in case FIR No.0007, dated 16.01.2021, under Sections 406, 420, 120-B of IPC, registered at Police Station City Hoshiarpur, District Hoshiarpur.
2. Learned counsel for the petitioner contends that the petitioner has been in custody since 22.11.2023 in a magisterial trial. Even though investigation is complete and challan was presented way back on 12.02.2024, the trial has not made any headway thereafter, as charges have not yet been framed. Learned counsel submits that in the circumstances, more so when as many as 46 witnesses have been cited by the prosecution, the possibility of the trial concluding in the near future does not arise.
Learned counsel has reiterated his submissions made on the last date of hearing that the petitioner was not the Director of the Company i.e. M/s Kim Infrastructure and Developers Limited (hereinafter referred to as the 'Company') which had allegedly cheated the complainant and others of an amount of approximately Rs.4 crores; he was merely an employee of the said Company. In support,
The court may consider a petitioner's criminal antecedents and involvement in multiple cases under the Indian Penal Code as grounds for dismissing a petition for regular bail.
The right to life and personal liberty includes the right to speedy trial, and courts should interfere to secure the personal liberty of an under trial when the trial is being delayed for reasons not....
The main legal point established in the judgment is the grant of regular bail based on the lack of support from a key prosecution witness, the extended period of custody without trial conclusion, and....
Prolonged custody without trial can unjustly punish an accused, warranting bail under the presumption of innocence.
Prolonged detention without trial is unjust, and the right to a speedy trial must be upheld, leading to the granting of bail.
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
The right to speedy trial is a fundamental right and cannot be denied, even if the trial gets delayed.
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