Dalip Kumar v. State Of Punjab
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Decided on: 12.05.2026
......Petitioner Versus
......Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA
Present:
**** SUBHAS MEHLA, J. (Oral)
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Taking into consideration the facts & circumstances of the present case, the rival contentions of the parties & without commenting
-3- upon the merits of the present case, this Court finds merit in the present petition on the following aspects:
(I) the petitioner has been in custody for the last 02 years, 05 months & 01 day;
(II) several adjournments have been sought by the prosecution during the last one year, for examination of the witnesses and the prosecution has not been able to conclude its evidence;
(III) the petitioner is having clean & clear antecedents and is not involved in any other case;
(V) Trial is likely take sufficient time to conclude and as such, no fruitful purpose would be served by keeping him in custody for indefinite period.
(VI) delayed trial is violation of fundamental right to life and personal liberty as enshrined under Article 21 of the Constitution of India;
8.
Concession of bail cannot be denied just as a measure of punishment as culpability is to be decided by trial Court after appreciating evidence adduced by the parties, and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case&
9.
Therefore, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is directed to be released on regular bail on his furnishing requisite bonds to the
-4- satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
(SUBHAS MEHLA) JUDGE 12.05.2026 Sonia Puri Whether Speaking/Reasoned: YES/NO Whether Reportable:
YES/NO