Bail is the Rule and Jail is an Exception: Punjab and Haryana High Court

In a significant legal decision, the Punjab and Haryana High Court, in a recent judgment, reaffirmed the fundamental principle of criminal jurisprudence, stating, “Bail is the Rule and Jail is an Exception.” The judgment, delivered by HON’BLE MR. JUSTICE KULDEEP TIWARI on December 2, 2023, granted regular bail to the petitioner in a cross-case involving multiple sections of the Indian Penal Code (IPC).

The case, registered under Sections 452, 326, 323, 325, 427, 506, 148, and 149 IPC, stemmed from a dispute that took place on January 13, 2023. The petitioner, SURJEET SINGH @ GOLA, sought bail after being in custody for over six months.

In the judgment, the Court emphasized the importance of balancing individual liberty and society’s interests when granting or refusing bail. It stated, “The society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State. The order granting or refusing bail must reflect a perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society.”

The Court also took into account the delay in framing charges, the trivial nature of the incident, and the fact that all other co-accused except the petitioner had been granted bail. The judgment highlighted the need for a fair and balanced approach in bail decisions.

As a result of the judgment, SURJEET SINGH @ GOLA was granted regular bail with certain conditions. He is ordered to be released on bail upon furnishing a bail bond and surety bond to the satisfaction of the concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.

The Court, while allowing bail, cautioned against future commission of similar offenses by the petitioner. It clarified that its observations in the judgment have no impact on the merits of the trial and are meant for deciding the bail application only.

Date of Decision: December 02, 2023

SURJEET SINGH @ GOLA VS STATE OF PUNJAB