Contradictions In Eyewitness Accounts And Suppression Of Crucial Evidence Weaken The Prosecution's Case: Telangana High Court High Court of Sikkim Sets Aside Trial Court’s Decision on Maintainability of Suit: Preliminary Issues Must Be Purely of Law Courts Must Focus on Substance Over Procedure, Says High Court Writ Petitions Against Civil Court Orders Must Be Under Article 227: Patna High Court Reiterates Jurisdictional Boundaries Kerala High Court Upholds Eviction, Rejects Sub-Tenant's Kudikidappu Claim Contractual Employment Does Not Confer Right to Regularization: Jharkhand High Court Divorced Wife Entitled to Maintenance Under Domestic Violence Act for Past Domestic Violence: Bombay High Court Tenants Cannot Prescribe How Landlords Utilize Their Property: Delhi High Court Validates Eviction Labour Commissioner to Decide Petitioner’s Date of Birth Claim within Three Months, Ensuring Proper Verification and Consideration of Evidence: Uttarakhand High Court Concealment of Health Condition and False Allegations Amount to Cruelty: Gujarat High Court Upholds Divorce Decree Judicial Proceedings Cannot Be Instituted After Four Years: MP High Court in Quashing FIR Against Retired Engineer Orissa High Court Invalidates Lecturer Recruitment Advertisements for Non-Compliance with UGC Standards Public Interest Jurisdiction Not a Substitute for Private Litigation: Karnataka High Court Declines PIL Cognizance under Section 188 IPC is illegal without a public servant’s complaint:Kerala High Court Juvenile Justice Act Prevails Over Recruitment Rules: Madras High Court Rules Juvenile Records Cannot Bar Employment in Police Services" Calcutta High Court Quashes MR Distributorship Selection Due to Irregularities in Godown Compliance and Selection Process Once the driver has established the validity of his license, the insurer cannot escape liability without conclusive proof to the contrary: J&K HC Belated Claims Cannot Be Entertained: Kerala High Court Overturns CAT Decision on Date of Birth Correction DNA Tests Cannot Supersede Established Legal Presumptions: Himachal Pradesh HC Section 26E of SARFAESI Act Overrides VAT Act: Secured Creditor's Charge Has Priority Over State's Tax Dues: Gujrat High Court High Court of Delhi Clarifies Jurisdiction in Commercial Dispute: 'Procedural Efficiency Must Be Upheld Power Under Section 319 CrPC Cannot Be Exercised Without Prima Facie Case Beyond Contradictions: Supreme Court Motive Alone Insufficient for Conviction Without Corroboration: Supreme Court Supreme Court Ensures Equal Financial Benefits for All High Court Judges: Discrimination Based on Recruitment Source Struck Down Andhra Pradesh High Court Acquits Four Accused: Cites Contradictory Dying Declarations and Lack of Independent Evidence in Murder Case Evidence Corroborates Violent Robbery and Recovery of Stolen Articles: Calcutta High Court Upholds Conviction in Burrabazar Dacoity Case Failure to Implead Contesting Candidates is Fatal; Fundamental Defect Cannot Be Cured: Bombay High Court Dismisses Election Petition Magistrate Not Functus Officio Post-Final Order in Maintenance Cases: Allahabad High Court Substantial Questions of Law a Must in Second Appeals, Reiterates Andhra Pradesh High Court Inconsistencies and Procedural Lapses: Allahabad High Court Acquits Four in Neeta Singh Murder Case

Bail is the Rule and Jail is an Exception – Justice Kuldeep Tiwari

07 May 2024 8:19 AM

By: Admin


Chandigarh, March 2024: In a significant ruling, the High Court of Punjab and Haryana granted regular bail to Sanju alias Sahil Kumar in FIR No. 323/2023, invoking the principle that 'Bail is the Rule and Jail is an Exception.' The FIR, registered under various sections of the IPC and the Arms Act, was scrutinized by Justice Kuldeep Tiwari in the matter of CRM-M-11537-2024.

Legal Point of Judgment: The court deliberated on the petitioner's bail application, emphasizing the cardinal legal principle favoring bail, as established in the landmark judgment of State of Rajasthan v. Balchand (1977).

Facts and Issues of the Case: Sanju, accused of involvement in an alleged intrusion and shooting, contested his implication, citing a lack of specific role or injury attributed to him and a compromise with the complainant. The state opposed the bail, acknowledging the completion of the investigation and pending framing of charges.

Court’s Assessment: Justice Tiwari underscored the importance of individual liberty, the right to a speedy trial, and the presumption of innocence, weighed against the gravity of the offence. The court observed that the petitioner’s clean record, the completion of the investigation, and the fact that charges were yet to be framed rendered further incarceration unproductive. The principle that 'Bail is the Rule and Jail is an Exception' guided the court's decision-making process.

Decision: The court granted regular bail to the petitioner, ordering his release on furnishing the required bail and surety bond. This decision was grounded in the totality of circumstances and legal principles governing bail, carefully balancing individual liberty and societal interest.

Date of Decision: March 15, 2024.

Sanju Alias Sahil Kumar vs. State of Punjab and Others,

Similar News