Bail In Murder Cases – Lack Of Specific Allegations Against The Petitioner In The FIR : Punjab and Haryana High Court Grants Bail
In a significant judgment, the Punjab and Haryana High Court has granted regular bail to Mohd. Rafiq in case FIR No. 122, under Sections 302, 201, and 34 of the IPC, highlighting the principle that “Bail is the Rule and Jail is an Exception.” This landmark decision was delivered by Hon’ble Mr. Justice Kuldeep Tiwari on January 25, 2024.
The case, registered at Police Station Jodhewal, District Ludhiana, revolved around the death of Nazo Khatoon, with the petitioner being accused of involvement in the alleged murder. However, Justice Tiwari noted the lack of specific allegations against the petitioner in the FIR and the case’s reliance on circumstantial evidence and an extra-judicial confession.
In his observations, Justice Tiwari cited the landmark judgment “State of Rajasthan V. Balchand alias Baliay”, emphasizing the fundamental right enshrined in Article 21 of the Constitution of India, which upholds the principle of personal liberty. “The underlying objective behind detention of a person is to ensure easy availability of an accused for trial, without any inconvenience, however, in case the presence of an accused can be secured otherwise, then detention is not compulsory,” Justice Tiwari remarked.
The court also took into account the petitioner’s incarceration of over 3 years, considering it significant while granting bail. The court observed, “The right to a speedy trial is one of the rights of a detained person. However, while deciding application for regular bail, the Courts shall also take into consideration the fundamental precept of criminal jurisprudence, which is ‘the presumption of innocence’, besides the gravity of offence(s) involved.”
While allowing the bail, the Court clarified that this should not be construed as a comment on the merits of the case and that if the petitioner were found indulging in similar offenses in the future, the State could seek cancellation of the bail.
Date of Decision: 25 January 2024
MOHD. RAFIQ VS STATE OF PUNJAB
