IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Gurdeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANISHA BATRA , J.
1. The petitioner is seeking indulgence of this Court by way of filing the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “ BNSS ”) for grant of regular bail in case bearing FIR No.148 dated 20.10.2023, registered under Sections 302 , 404, 341, 148 and 149 of IPC and Sections 25 and 27 of Arms Act, 1959, at Police Station Kot Ise Khan, District Moga, on the allegations that on 20.10.2023, the petitioner along with the co-accused had intercepted the victims Veer Singh and Ranjit Singh, fired shots with a .12 bore DBBL gun thereby causing death of victim Ranjit Singh whereas the other victim Veer Singh was killed due to firearm injury sustained at the hands of co-accused Sukhdev Singh. One Taranjit Singh had also sustained injuries at the hands of the assailants. After registration of FIR on the basis of complaint of Smt. Kulwinder Kaur, daughter-in-law of victim Veer Singh, investigation proceedings were initiated. The petitioner was arrested on 23.10.2023. He suffered disclosure statement admitting his involvement in the crime and got recovered one .12 bore double barrel gun alleged to be used in the occu
Court emphasized that prolonged pre-trial detention violates fundamental rights, warranting bail if evidence indicates innocence, reflecting the balance between serious allegations and individual rig....
The lack of specific overt acts against the petitioner, his injuries during the incident, and the protracted trial period justified his release on bail under Section 483 of BNSS.
The main legal point established in the judgment is the consideration of the length of custody, lack of evidence of the petitioner being a habitual offender, contradictions in the complainant's state....
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