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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Surinderjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “ BNSS ”) seeking regular bail in the FIR mentioned below:-
| FIR No. | Dated | Police Station | Sections |
| 148 | 20.10.2023 | Kot Ise Khan, District Moga | 302, 404, 341, 148 and 149 of IPC and 25 and 27 of Arms Act, 1959 |
2. As per the allegations, on 20.10.2023, the complainant Kulwinder Kaur along with Karanveer Singh and Karamjit Kaur was taking a walk in the area of Village Galoti Road at about 7 AM. Her father-in-law Veer Singh was also walking along with some other persons and was ahead of her. Within her sight, 14-15 persons came from the village side while riding on 3-4 motorbikes and two cars. They encircled Veer Singh and made an exhortation that he should not be left alive. Then, accused Sukhdev Singh opened an assault by firing shots with revolver and accused Gurdeep Singh also fired shots thereby injuring Veer Singh and his companion Ranjit Singh, both of whom fell on the ground. The petitioner- Surinderjit Singh armed with kapa, accused Gurcharan Singh armed with revolver, accused Raju Khalsa, Jagraj Singh former Sapranch, Dr.
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.
In absence of strong incriminating evidence from material witnesses, bail should be granted, emphasizing the principle of personal liberty.
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....
A delay in trial, especially for undertrial prisoners, infringes upon their rights under Article 21 of the Constitution.
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