IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KIRTI SINGH
............ – Appellant
Versus
............ – Respondent
| Table of Content |
|---|
| 1. procedural context and factual background of the criminal case. (Para 1 , 2 , 3) |
| 2. opposing arguments regarding bail based on evidence and trial progress. (Para 4 , 5) |
| 3. judicial assessment of trial duration versus individual liberty. (Para 6 , 7 , 8 , 9) |
| 4. bail is the rule; prolonged pre-trial detention violates personal liberty. (Para 10) |
| 5. grant of regular bail subject to strict compliance conditions. (Para 11 , 12 , 13 , 14) |
JUDGMENT
KIRTI SINGH , J. (ORAL)
1. The jurisdiction of this Court under Section 483 of BNSS has been invoked for grant of regular bail to the petitioner in case FIR No. 560 dated 09.09.2024 under Sections 140(3), 137(2), 87, 65(1), 96, 351(2), 3(5) and 61(2) of (Sections 364-A, 363, 366, 376, 366-A, 506, 34, 120-B of IPC) and Section 4 of POCSO Act, registered at Police Station Samalkha, District Panipat.
2. The translated version of the FIR is reproduced below:-
“To, The Chowki Incharge, Samalkha. Sir, it is submitted that I, Daya Chand son of Sh. Raje Ram, am resident of Rajasthan Colony, Ward No. 16, Samalkha. I have five children. Out of them, 3 are girls and 2 are boys. The youngest daughter is 15 years old. On 09.09.2024 at about 12.
Bail is the rule and jail is the exception. Pre-trial detention should not be punitive, and courts must balance the nature of accusations against the right to a speedy trial, especially when prolonge....
Bail is the rule and jail is the exception. Courts must balance the nature of accusations against the right to a speedy trial and the period of incarceration already undergone. Prolonged pre-trial de....
Bail is the rule and jail is the exception. Pre-trial detention must not be punitive, and the constitutional right to a speedy trial necessitates granting bail when incarceration is prolonged and the....
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