14 October 2019


Judgments

High Court of Himachal Pradesh

Seema Devi and Ors. Vs. State of Himachal Pradesh and Ors.

MANU/HP/0959/2019

01.08.2019

Criminal

Freedom of an individual is of utmost importance and same cannot be curtailed for indefinite period during the trial

Issue in present case is relating to grant of bail. Learned Additional Advocate General, on the instructions of Investigating Officer, stated that, pursuant to order dated 18th July, 2019, bail Petitioners have already joined the investigation and they are fully co-operating with the investigating agency. It is further submitted that, investigation is almost complete save and except report of visra and handwriting expert, which are yet to be received, and as such, custodial interrogation of the bail Petitioner(s) is not required and they can be ordered to be enlarged on bail subject to the condition that, they shall make themselves available for investigation and trial as and when called by the investigating agency.

It is well settled that, freedom of an individual is of utmost importance and cannot be curtailed for indefinite period. Till the time guilt of accused is not proved, in accordance with law, he/she is deemed to be innocent. In the case at hand, the guilt, if any, of the bail Petitioners is yet to be proved, in accordance with law.

Recently, the Hon'ble Apex Court in case of Dataram Singh vs. State of Uttar Pradesh & Anr. has categorically held that, freedom of an individual is of utmost importance and same cannot be curtailed for indefinite period during the trial. Hon'ble Apex Court has further held that, till the time guilt of accused is not proved, in accordance with law, he is deemed to be innocent.

Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.

Consequently, in view of the above, order dated 18th july, 2019, passed by this Court, is made absolute in all the bail petitions, with conditions. It is clarified that, if the Petitioners misuse their liberty or violates any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. The bail petitions stand disposed of accordingly.

Tags : Bail Grant Conditions

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