Accused's Past Criminal History Should Not Be a Hindrance if Custody Exceeds: Punjab and Haryana High Court

In a significant ruling, the Punjab and Haryana High Court granted bail to an accused involved in a narcotics case, emphasizing the importance of personal liberty and the duration of pre-trial custody.

Justice Anoop Chitkara, while delivering the judgment, observed, "Although the petitioner has criminal antecedents but indisputably has spent more than three years in pre-trial custody in this FIR. Thus, she is entitled to bail... not because her custody is of two years and six months but because her custody is more than three years and considering the allegations levelled in the earlier cases, the criminal history should not come as a hindrance."

The Court further highlighted the need to balance the liberty of the accused with the necessity of a fair trial. Citing a Supreme Court judgment, Justice Chitkara stated, "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them."

The petitioner was directed to adhere to several conditions, including the surrender of all weapons and maintaining only one prepaid mobile number. The Court also emphasized the importance of technology in identification techniques, noting the advancements in voice, gait, and facial recognition.

The judgment underscores the significance of personal liberty and the need to ensure that prolonged pre-trial detention does not infringe upon an individual's rights.

Date of Decision: 31 October 2023

Manjit  Kaur VS State of Punjab