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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Suresh Chand – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. jurisdiction under section 439 cr.p.c. (Para 1) |
| 2. arguments for and against bail petition (Para 2) |
| 3. principles governing bail decisions (Para 4) |
JUDGMENT :
SANDEEP MOUDGIL, J.
1. Prayer The jurisdiction of this Court under Section 439 Cr.P.C. ( now 483 BNSS ) has been invoked second time by the petitioner for grant of regular bail in case FIR No.283 dated 31.08.2022, under Section 18 NDPS Act, 1985, registered at Police Station Derabassi, District SAS Nagar, Mohali.
2. Contentions
On behalf of the petitioner
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case with ulterior motive and nothing has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner has an unblemished record. Moreover it is argued that it is highly unlikely that any person carrying contraband would carry the same in a transparent polythene envelope so as to invite attention of the police.
On behalf of the State
On the other hand, learned State counsel has produced the custody certificate of the petitioner today in Court, which is taken on record. According to which, the petitioner has suffered incar
The presumption of innocence dictates that bail is the general rule, with imprisonment being the exception; humane discretion in bail decisions is essential.
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