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2025 DAILYLAW 100263 (PNJ)

SAGAR v. STATE OF PUNJAB

CRM-M/54165/2024 · 2025-01-18

Manisha Batra

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Judgment text

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IN TH 281 $ # + ,+ ! - - , &'& ()* IN THE HIGH COURT FOR THE HARYANA AT CH +, !" #$ 45 , 6$. + 4, 7 #+/$. #% ! / + ( ') !"#$ %&' # * " , , - +./ !.+- 9 + - ! . -+3 /, + - !- THE STATES OF PUNJAB AND T CHANDIGARH &'& ( - ./0,0 1 ' 00 ,, ,2. $ # . 8 6 ! '& 7 -+ (00+ !/ ') )1 ()% ,!/ , ! -/! !- + / + 1 2,. ! 3,! , -0 (9 ++ ND ()* ' &'& . / !/ 001 , ! MOHAMMAD WASEEM ANSARI 2025.01.20 17:53 I attest to the accuracy and integrity of this document +! ! ,, !, 00 -+ , ! /# 6 ( !6 0 . ' ! , -+ + ! +, 0 &'& ()* !, , 0 &' + -. ,!/ !-++- ,++. 001 ! . ++ , # - + !! + ! !6 + /- . / $-/+, ++ ! . /, :+ ++ + /, !/+ ++. + - # - ! / $ + , ! , 0 ! , ( , ! ! ++ . (00 - / . + - / ! ! ! + +.! , !/ + , !/+ + ! / , / ! + -9 ! ! + (0 / -! + , , -+ ++ ! & - $ ! 0! / / - , ! ! , 0! , MOHAMMAD WASEEM ANSARI 2025.01.20 17:53 I attest to the accuracy and integrity of this document , + exercise of factors and should be mechanical would be li Rather, imp Obviously, t an assurance be made t Rajasthan : while reiter which tant should not b 6. considered o the petition be modified condition im aside. Rest o 1 ' &'& Wheth Wheth &'& ()* ! , +- , !/ ise of judicial discretion by the Cour s and imposition of bail condition is d be based on sound judicial princ anical or onerous, which could not be be like granting bail by one hand a mposition of onerous and stringent usly, the object of bail is to enable the urance to return to the Court to put up ade to the authority cited as Gudda an : 2023 (1) RCR (Criminal) 762 reiterating the judicial concern again tantamount to refusal to grant bail d not be imposed upon an accused whi In view of the discussion as dered opinion that the aforesaid condit titioner while granting bail is excessiv odified. Accordingly, the present p tion imposed by the learned trial Cour Rest of the conditions shall remain the & hether speaking/reasoned hether reportable + -$++ ++ ! The practice of grant of bail i Court based on consideration of sev ion is also a part of such exercise, w l principles. It should not be arbit not be complied with by the accused and and taking it away by another h ingent conditions amounts to denial of ble the accused to send him out of jail put up an effective defence. Reference uddan @ Roop Narayan vs. Stat ) 762, wherein Hon’ble Supreme C n against fixation of excessive condi nt bail, has held that onerous condi ed while granting bail to him. on as made above, this Court is of condition imposed by the trial Court u cessive and onerous and the same nee sent petition is allowed. The afore l Court in the order dated 03.04.2024 ain the same. (MANISHA BATRA) JUDGE Yes Yes 3 + / bail is an of several ise, which arbitrary, used as it ther hand. ial of bail. of jail with erence can State of eme Court, conditions conditions t is of the Court upon e needs to aforesaid .2024 is set MOHAMMAD WASEEM ANSARI 2025.01.20 17:53 I attest to the accuracy and integrity of this document