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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Akash Walia – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Taking exception to the order dated 31.12.2023 (hereinafter referred to as ‘impugned order’), passed by the Judicial Magistrate, First Class, Ambala (hereinafter referred to as ‘concerned Magistrate’), the petitioner (herein)-complainant has sought for quashing of the said order. In essence, the petitioner (herein) has sought for setting-aside/cancellation of the regular bail granted to respondent No.2 (herein) in FIR No.485 dated 26.12.2023 registered under Sections 195 -A/506 of IPC ( Section 201 of added later on) at Police Station Mullana, District Ambala (hereinafter referred to as ‘FIR in question’).
2. The FIR in question was registered on the basis of complaint moved by the petitioner-complainant alleging therein that few days ago, his maternal uncle Devender Walia, resident of village Thakurpura, had a dispute with the persons, details whereof had been mentioned in the complaint. Accordingly, a case (i.e. FIR No. 0068 dated 26/11/2023) was registered at Police Station Naraingarh. Thereafter, on the same day, accused Vinod Walia got registered an FIR No. 585 against the complainant/petitioner, his uncle and his family. The said Vinod Walia, who
A bail order is void if the presiding Magistrate has a personal interest in the proceedings, constituting inherent bias, which undermines judicial impartiality.
The main legal point established in the judgment is that the grant of bail should consider the gravity of the offense and the involvement of the accused, and custodial interrogation can have a signif....
Bail orders should not be cancelled based on hyper-technical grounds in the absence of compelling circumstances, especially when prior judicial decisions affirmed bail rights.
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
The main legal point established is that suppression of vital facts and misrepresentation in bail applications can lead to the cancellation of bail. The Court also emphasized that bail should not be ....
Even if the accused is a habitual offender, recidivism does not automatically negate the right to bail, especially for minor offenses. The presumption of innocence must be upheld.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
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