UDCPR | Municipal Authorities Empowered To Grant Relaxation For Recreational Open Spaces In Redevelopment Projects: Bombay High Court Appellate Court Can Enhance Compensation Under Motor Vehicles Act Even Without Cross-Appeal By Claimants: Allahabad High Court State Instrumentalities Cannot Supplement Reasons For Withholding Public Money Via Affidavits Years Later: Calcutta High Court Immoral Traffic (Prevention) Act | Victim's Status As 'Illegal Immigrant' Does Not Dilute Offence Or Shield Perpetrator: Bombay High Court Clubbing Of Criminal Trials | No Basis To Direct Consolidation If Connected Proceedings Have Already Concluded: Delhi High Court IBC ‘Clean Slate’ Principle Cannot Extinguish Pre-existing Crystallized Liability Under Labour Awards: Bombay High Court Section 406 IPC | 'Donation' Does Not Constitute 'Entrustment'; Criminal Prosecution Quashed In Absence Of Aggrieved Victim: Delhi High Court Failure To Deliver Possession Of Plot Constitutes "Continuous Wrong" Giving Rise To Recurrent Cause Of Action Under Consumer Protection Act: Delhi State Commission High Court Cannot Entertain Writ Petition Under Article 226 When Statutory Appellate Remedy Under Section 107 CGST Act Is Available: Gujarat High Court Appointment Of Temple Servants Is The Exclusive Prerogative Of The Hereditary Trustee: Kerala High Court Stay Of Suit Proceedings Under CPC Does Not Automatically Bar Adjudication Of Pending Temporary Injunction Application: Rajasthan High Court Section 136A MV Act | Supreme Court Directs States To Impound Vehicles With Unpaid E-Challans And Mandates Electronic Enforcement Compliance Section 115 CPC | Executing Court Cannot Dismiss Execution Petition On Hyper-Technical Grounds Regarding LRs Of Judgment Debtor: Himachal Pradesh High Court Succession Act | Will Not Validly Executed If Attesting Witness Admits Signing Without Witnessing Testator’s Signature: Madras High Court High Court Cannot Interfere Under Article 227 To Correct Errors Of Fact Or Act As An Appellate Court: Madhya Pradesh High Court Advocates Act 1961 | Bar Council Has No Power To Suspend Advocate Pending Disciplinary Enquiry: Allahabad High Court Identification Of Accused By Police Personnel In Pitch Darkness Without Prior Acquaintance Is Unreliable: Himachal Pradesh High Court Body Shaming Or Insulting Physical Appearance Does Not Per Se Constitute Offence Under Section 509 IPC: Karnataka High Court Drishyam 3 | Interim Injunction To Restrain Film Release Cannot Be Granted Without Establishing Clear Subsisting Legal Right: Madras High Court Town Planning Scheme | Statutory Notice To Occupiers Under Rule 12(2)(a) Punjab Municipal Rules Is Mandatory And Independent Of Notice To Owner: Punjab & Haryana High Court

Bail is the Rule and Jail is an Exception - Punjab and Haryana High Court Grants Bail in Illegal Mining Case

07 May 2024 8:19 AM

By: Admin


The High Court of Punjab and Haryana, in a significant ruling, reiterated the principle that "Bail is the Rule and Jail is an Exception", while granting regular bail to the petitioner, Nasib Chand, in an illegal mining case under various sections of IPC and the Mines and Minerals (Regulation of Development) Act, 1957.

The Court's decision focused on the fundamental principle of criminal jurisprudence, emphasizing the right to bail as a default, rather than detention.

The petitioner, Nasib Chand, was implicated in FIR No.159 dated 17.10.2023, for allegedly conducting illegal mining activities near Shri Ram Crusher, village Bhalrri. Despite being granted bail in three other similar cases, the Sessions Judge had declined bail in this particular case, prompting the current petition.

Justice Kuldeep Tiwari, while delivering the judgement, cited landmark cases such as "State of Rajasthan V. Balchand", "Nikesh Tarachand Shah V. Union of India", and "Siddharam Satlingappa Mhetre v. State of Maharashtra". The Court underscored the importance of the right to a speedy trial, presumption of innocence, and the fact that incarceration should not be used as a punitive measure pre-trial.

The judgement reinforced the legal principles surrounding bail, rooted in Article 21 of the Constitution of India, which guarantees the protection of life and personal liberty. The Court held that unless the presence of the accused cannot be ensured otherwise, detention is not mandatory.

Granting bail, the Court ordered the petitioner's release subject to the furnishing of a bail bond and surety to the satisfaction of the concerned judicial authority. The Court also clarified that its observations were solely for the present petition and should not influence the trial's merits.

Date of Decision: January 29, 2024

Nasib Chand Vs. State of Punjab

 

Latest Legal News