Bail is the Rule and Jail is an Exception – Justice Kuldeep Tiwari
Chandigarh, March 2024: In a significant ruling, the High Court of Punjab and Haryana granted regular bail to Sanju alias Sahil Kumar in FIR No. 323/2023, invoking the principle that ‘Bail is the Rule and Jail is an Exception.’ The FIR, registered under various sections of the IPC and the Arms Act, was scrutinized by Justice Kuldeep Tiwari in the matter of CRM-M-11537-2024.
Legal Point of Judgment: The court deliberated on the petitioner’s bail application, emphasizing the cardinal legal principle favoring bail, as established in the landmark judgment of State of Rajasthan v. Balchand (1977).
Facts and Issues of the Case: Sanju, accused of involvement in an alleged intrusion and shooting, contested his implication, citing a lack of specific role or injury attributed to him and a compromise with the complainant. The state opposed the bail, acknowledging the completion of the investigation and pending framing of charges.
Court’s Assessment: Justice Tiwari underscored the importance of individual liberty, the right to a speedy trial, and the presumption of innocence, weighed against the gravity of the offence. The court observed that the petitioner’s clean record, the completion of the investigation, and the fact that charges were yet to be framed rendered further incarceration unproductive. The principle that ‘Bail is the Rule and Jail is an Exception’ guided the court’s decision-making process.
Decision: The court granted regular bail to the petitioner, ordering his release on furnishing the required bail and surety bond. This decision was grounded in the totality of circumstances and legal principles governing bail, carefully balancing individual liberty and societal interest.
Date of Decision: March 15, 2024.
Sanju Alias Sahil Kumar vs. State of Punjab and Others,
