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High Court of Punjab and HaryanaCRM-M/38309/2025allowed

Kulbir v. State Of Haryana

2026-05-04Mr. Justice Rajesh Bhardwaj5 pages

Thus, the request was made to take legal action. On the basis of the same, the FIR was registered. On registration of the FIR, the investigation commenced. Resultantly, the petitioner was arrested on 23.10.2022. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Additional Sessions Judge, Jind praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Jind dismissed the bail application filed by the petitioner vide order dated 10.08.2023. The petitioner earlier approached this Court by way of filing CRM-M-41985-2023, however, the same was dismissed as withdrawn by this Court vide order dated 13.02.2025. Hence, Page - 2 - of 5

the petitioner is before this Court praying for grant of regular bail by way of filing the present second petition.

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7.

The Hon'ble Supreme Court in Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya Vs. National Investigation Agency, 2022(1) SCC 695 has held as under: "Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21 of the Constitution of India. While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long. At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice." 8.

The Hon'ble Supreme Court in a recent decision dated 03.07.2024 in Javed Gulam Nabi Shaikh Vs. State of Maharashtra, Criminal Appeal No. 2787 of 2024, has held that howsoever serious a crime may be, an accused has the right to speedy trial under the Constitution of India.

May 04, 2026 Paritosh Kumar Page - 5 - of 5