Bail Granted with Stringent Conditions: Court Highlights Need for Balancing Liberty and Fair Trial”

In a significant legal development, the High Court of Punjab and Haryana has granted bail to the petitioner in a case involving charges of 420, 409, 467, 468, 471, 120-B IPC, and Sections 7, 8, 12, 13(2) of the Prevention of Corruption Act 1988, as amended by PC (Amendment) Act 2018. The court’s decision, pronounced on December 2, 2023, comes with a set of stringent conditions aimed at ensuring the accused’s compliance and preventing any influence on witnesses or tampering with evidence.

Highlighting the importance of balancing an individual’s liberty with the necessity of a fair trial, the court noted, “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 courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial.”

The court’s order emphasizes the need to consider recent advancements in technology for identification techniques and acknowledges that the accused’s pre-trial custody is not necessary for further investigation, as the charge sheet has already been filed.

The bail conditions include provisions such as a personal bond, surety, or fixed deposit, restrictions on the number of prepaid SIM cards, and compliance with certain undertakings. Non-compliance with these conditions may lead to bail cancellation, and the court expects the accused to reciprocate by demonstrating desirable behavior.

The judgment also provides the accused with the option to file applications for modification of bail conditions if they find them violating their rights or causing difficulties. The court further clarifies that its observations in the order are not expressions of opinion on the case’s merits and should not be considered by the trial court during the trial.

This decision by the High Court of Punjab and Haryana highlights the crucial role of bail conditions in ensuring a fair and balanced legal process while safeguarding the rights and liberties of the accused.

Date of Decision: 02.12.2023

Jaspal VS State of  Punjab