Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

"Punjab-Haryana High Court Upholds the Principle 'Bail is the Rule and Jail is an Exception' in Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab-Haryana High Court today granted regular bail to Lovepreet Singh @ Love, in a case involving allegations of robbery and arms possession. The decision, delivered by Hon'ble Mr. Justice Kuldeep Tiwari, emphatically reinforced the foundational principle of criminal jurisprudence, stating "Bail is the Rule and Jail is an Exception".

Lovepreet Singh had been in custody since May 24, 2022, following allegations of snatching gold ornaments at gunpoint, as per FIR No. 49 dated April 29, 2022. The case, registered under Sections 379-B(2), 34, and 201 of the IPC, and Section 25 of the Arms Act at Police Station Kamboj, District Amritsar Rural, had seen little progress, with charges being framed as late as August 8, 2023, and none of the 17 prosecution witnesses having been examined to date.

In his ruling, Justice Tiwari cited the landmark judgment "State of Rajasthan V. Balchand alias Baliay" (1977), which established the principle that detention should only be used to ensure an accused's availability for trial. The court observed that if an accused's presence can be secured otherwise, then continued detention is not mandatory.

The court's decision was also influenced by the fact that co-accused in the case had already been granted bail. This, coupled with the prolonged detention of Lovepreet Singh and the stalled trial process, formed the basis for granting bail.

In his concluding remarks, Justice Tiwari stated, "The grant of bail in this case is consistent with the sanctity of individual liberty and the presumption of innocence, which are cornerstones of our legal system." He further clarified that this decision should not be seen as a comment on the merits of the case but rather as a necessary step in ensuring justice and fair trial rights.

The decision has been received positively by legal experts, who view it as a reaffirmation of the fundamental rights enshrined in the Indian Constitution, particularly in relation to personal liberty and the presumption of innocence until proven guilty.

Lovepreet Singh is expected to be released on bail upon furnishing the required bail and surety bonds, as directed by the court. The case will continue to be tried on its merits, with the court's observations in the bail decision having no bearing on the outcome of the trial.

Date of Decision: 22nd December 2023 

Lovepreet Singh @ Love Vs  State Of Punjab

 

Latest Legal News