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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Asif – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
This is the second petition filed under Section 439 of Cr.P.C. seeking grant of regular bail to the petitioner in case bearing FIR No. 223 dated 21.12.2020 registered under Sections 147, 148, 149, 307, 323, 379-B, 427 and 506 of Indian Penal Code at Police Station Sohna, District Gurugram.
2. Facts of the FIR(supra) are that on 20.12.2020, a VT was received in Police Station Sadar, Sohna from Control Room, Gurugram to the effect that Imtiyaz, Ex. Sarpanch of village Nunera informed that he received shot and occurrence had taken place near village Sancholi with Delhi Party. On this information, SI Satinder Singh along with other police officials reached Sancholi Farm where many public persons inside and outside were present and some people were breaking the panes of vehicles, their windows, bumper by using axes and lathis. On seeing the police coming towards the spot, they succeeded in fleeing away from there. After inspecting the spot and coming more force, the injured were got shifted through Government Gypsy and PCR to General Hospital, Sohna and after providing first aid to the injured Ravinder, Vishal Chauhan, Sachin, Paras, Aakash, Gaurav, Robin
A delay in trial, especially for undertrial prisoners, infringes upon their rights under Article 21 of the Constitution.
Prolonged detention without trial violates Article 21 rights; co-accused receiving bail strengthens the case for bail.
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
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