PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
1. Relief sought
The jurisdiction of this Court has been invoked for the 2nd time under Section 483 of BNSS, 2023 seeking grant of regular bail to the petitioner in the case of F.I.R No. 155 dated 16.10.2024 (Annexure P-1) under Sections 115(2), 109, 132, 221, 190, 191(3), 304, 61(2) of BNS, 2023 and Sections 25 & 27 of Arms Act, 1959 (Section 135-A of Representation of People Act added in challan and Section 25/27-54-59 Arms Act, 1959 has been deleted in challan) registered at Police Station Baghapurana, District Moga.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
'Statement of Ct. Karamdeep Singh No. 5/210/IRB Headquarter Mall Mandi Amritsar son of Mehnga Singh son of Harbans Lal resident of House No. B-1262 Bhayian Wali Gali Simbal Batala District Gurdaspur age around 30 years mobile: 79738-70581. I state that I am resident of the aforementioned address on date 23.11.2016 I was enrolled in police Commando as a Constable. On date 13.10.2024 I was deployed on election duty at Moga on 14.10.2024 I was deployed for patrolling in the villages Rajeiana, Kola Mehar Singh Wala, Budh Singh Wala, Chanu Wala etc of
Bail is the rule, not the exception, especially when there is no incriminating evidence and the accused has significant medical issues.
The right to a speedy trial is essential; bail should not be denied as punishment.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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