Non-Compliance With Rule 14 Of NDPS Rules 2022 Regarding Quantitative Test Vitiates Prosecution Case And Renders Detention Illegal: Allahabad High Court Supreme Court Directs Systematic Audit And Institutional Accountability For Safety In Public Spaces Under Article 21 Extra-Judicial Confession Made Before Police Cannot Solely Sustain Preventive Detention: Supreme Court Pre-Trial Incarceration Cannot Masquerade As Punitive Detention When Trial Is Not Imminent: Supreme Court Land Acquisition | Radial ‘Hub-And-Spoke’ Valuation Models For Contiguous Lands Are Legally Unsustainable: Supreme Court Forfeiture Of Earnest Money Deposit Is A Valid Consequence Upon Failure To Pay Balance Sale Consideration Under IBC Liquidation Process: Supreme Court Res Judicata | Suit For Specific Performance Barred If Relief Was Available In Prior Suit For Permanent Injunction And Not Claimed: Supreme Court RERA | Allottee’s Right To Seek Refund Is Absolute And Unqualified, Not Subject To Promoter’s Completion Of Project: Bombay High Court Order 1 Rule 10(2) CPC | Appellate Court Cannot Summarily Reject Addition Of Legal Heirs Based On Unproven Documents Without Reason: Calcutta High Court Order XIV Rule 5 CPC | Trial Court Must Frame Additional Issues Based On Liberty Granted By Supreme Court To Ensure Just Adjudication: Delhi High Court Mere Citation Of Wrong Provision Does Not Invalidate Order If Court Possessed Jurisdiction: Gujarat High Court Injunction Under Order 39 Rules 1 & 2 CPC Cannot Be Granted Over Large Unidentified Tract Of Land Without Establishing Prima Facie Case: Himachal Pradesh High Court Section 125 CrPC | Mere Rejection Of Permanent Alimony Plea In Divorce Proceedings Does Not Bar Claim For Maintenance: Karnataka High Court Section 311 BNSS | Trial Court Has Discretion To Record Evidence In Narrative Form; Accused Cannot Insist On Question-Answer Format: Kerala High Court Section 482 CrPC | Principle Of Parity Cannot Be Invoked To Quash FIR If Allegations Against Accused Are Distinct And Substantiated: Madhya Pradesh High Court Motor Vehicles Act | Tribunal Cannot Grant 'Right Of Recovery' To Insurer Without Evidence Of Policy Violation: Orissa High Court Mere Inadequacy Of Consideration Or Illiteracy Does Not Vitiate Specific Performance Unless Exploitation Is Proved: Madras High Court Contempt Jurisdiction Cannot Be Converted Into Parallel Forum To Enforce Civil Decrees: Punjab & Haryana High Court Order 18 Rule 17 CPC | Reopening Evidence At The Stage Of Arguments Without Compelling Grounds Amounts To Abuse Of Process: Telangana High Court Cannot Circumvent Bail Granted By Supreme Court: Punjab & Haryana High Court Quashes PITNDPS Preventive Detention Order

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

07 May 2024 8:19 AM

By: Admin


In a significant legal development, the Punjab and Haryana High Court reaffirmed the fundamental principle of "Bail is the Rule and Jail is an Exception." This crucial principle was upheld in a recent judgement delivered by HON'BLE MR. JUSTICE KULDEEP TIWARI on December 15, 2023.

The case in question involved a petition for regular bail filed by the petitioner, SUNNY, who faced charges under Sections 379-B, 411, 201 of the Indian Penal Code, 1860, with Section 394 IPC added later. These charges were related to the alleged snatching of a mobile phone.

The court's observation on this fundamental principle of bail was clear and resolute: "Bail is the Rule and Jail is an Exception." This principle has been a cornerstone of criminal jurisprudence in India, emphasizing that detention should not be mandatory, especially when other means can secure the presence of the accused for trial.

In its detailed judgement, the court also considered the petitioner's detention for about one year and the fact that neither the complainant nor another victim identified the petitioner as one of the accused. The trial was at an initial stage, and the court took into account the right to a speedy trial and the presumption of innocence of the accused.

The final order of the court granted the concession of regular bail to the petitioner, ordering their release on bail bonds and surety bonds to the satisfaction of the concerned Chief Judicial Magistrate or trial court.

However, the court made it clear that if the petitioner were found involved in similar offenses in the future, the State had the right to seek the cancellation of the regular bail.

Date of Decision: December 15, 2023

SUNNY VS STATE OF PUNJAB

 

Latest Legal News