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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Habeen Alias Habin Alias Habib – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J.
1. Relief sought
The jurisdiction of this Court has been invoked under Section 483 of BNSS for grant of regular bail to the petitioner in FIR No.125, dated 05.04.2024, under Sections 3/13(1), 8/13(3) of the Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 and Section 120-B of IPC, registered at Police Station Sadar Nuh, District Nuh.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
To, SHO Police Station City Nuh Jai Hind. Today I the SI along with ESI Satbir Singh No.603/Nuh, HGH Belt No.241 and were riding on a government vehicle Bolero No.HR-27-GV-5892 driven by Bijendra Singh (Kaushal Rojgar) and while patrolling were present at Palwal T. Point Nuh that an informer gave information that Akhtar AH alias Chuttan son of Abdul Salim alias Ghasita Qureshi, Jamaluddin son of Shokat, Habin son of Haji Gunga, Mustafa son of Akhtar AU alias Chuttan and Mubina wife of Akhtar AU alias Chuttan residents of village Ghasera Police Station Sadar Nuh are involved in cow slaughtering. Today also in Palla Pahar Bal after doing cow slaughtering, after cutting beef into small pieces Akhtar AU alias Chuttan son of Abdul Salim ali
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when trial proceedings will take time.
Bail is the rule and jail is the exception; pretrial detention should not equate to conviction, emphasizing personal liberty under Article 21.
In double murder cases punishable by death, bail denied where prima facie circumstantial evidence establishes involvement, despite trial delay, emphasizing gravity of offence and punishment severity.
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