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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Harjinder Singh alias Raj alias Rajinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the petitioner in case FIR No.44 dated 11.07.2022 under Sections 307 , 324, 323,506 and 34 of the IPC , registered at Police Station Maloud, District Khanna, Ludhiana.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
“Statement of Tirath Singh son of Nachhattar Singh resident of village Sihora, PS Maloud, District Ludhiana aged about 27 years. mobile No.81959-75814. Stated that I am resident of above stated address and working as a meson (Raj Mistri). We are three brothers. My brother Balbir Singh is married. I and my elder brother Avtar Singh are unmarried. Avtar Singh resides in Gurudwara Sahib and we are residing alongwith our parents. My father Nachhattar Singh is running a cycle repair shop near co- operative Bank Sehora. My uncle Harjinder Singh @ Raj son of Gurdial Singh is running a shop of slippers making adjoining the shop of my father. My uncle Harjinder Singh @ Raj and his son Angrej Singh used to sleep in their shop at night.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.
Bail can be granted if the petitioner is a young first-time offender without evidence of flight risk or witness tampering, despite serious allegations against him.
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
Second or successive bail petitions are maintainable when substantial changes in circumstances occur; however, public safety and the gravity of the offence must be prioritized.
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