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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AARADHNA SAWHNEY
Pardeep – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
AARADHNA SAWHNEY , J.
1. Present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of regular bail to the appellant in case FIR No.291 dated 10.11.2024 under Section 108 of BNS (Section 306 IPC), 3(2)(v) of SC & ST Act registered at Police Station Siwani, Bhiwani.
2. Relevant facts as emerging from the documents on record be noticed hereinbelow:
“On 10.11.2024, a telephonic message was received in police post that one Satbir, resident of Gurera, has committed suicide by consuming poison in the fields of Amrik, Sarpanch of village Dhani, Shilawali. On receipt of information, the police authorities reached the site where they noticed the dead body of Satbir lying in the field. Zilopati, wife of Satbir, her son Jaidev and 30-40 other persons were also present there. After waiting for some time, the wife of the deceased filed a complaint pointing therein that for the last five years her husband Satbir had been cultivating half share of land belonging to Suresh and Amrik, residents of Dhani, Shilawali. She also used to extend a helping hand to her husband who most of the times lived in the house situated on the field. After harves
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The absence of a suicide note and lack of evidence for instigation in a marital dispute do not justify a charge under Section 306 IPC, highlighting the need for substantial proof in abetment cases.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
Prolonged pre-trial detention over 4 years with trial delay and co-accused on bail violates right to speedy trial under Article 21, obligating courts to grant bail unless risks justify continued cust....
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
Bail should be granted unless compelling reasons exist, with conditions ensuring compliance and victim protection.
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