Jails in India Flooded with Undertrial Prisoners": Punjab and Haryana High Court Grants Bail in Alleged Fake Educational Certificates Case

In a significant ruling, the Punjab and Haryana High Court, while addressing the issue of undertrial prisoners in India, granted regular bail to Nitin Lamba, accused in the infamous case of issuing fake educational certificates. Justice Harpreet Singh Brar, acknowledging the plight of undertrial prisoners and citing the Supreme Court's observations, emphasized the need to consider bail in prolonged trial scenarios.

The petitioner's plea for bail was evaluated under Section 439 of the Criminal Procedure Code (Cr.P.C.), which deals with the conditions for granting bail in cases of serious nature. This was Nitin Lamba's second attempt at seeking regular bail after the first was dismissed.

The FIR registered against Lamba involved serious allegations. Candidates had allegedly applied for pharmacist registration in Haryana using bogus 10+2 certificates from a non-recognized Chhattisgarh-based institute. The case unfolded a large-scale scam, implicating Lamba as a key player in issuing these fraudulent certificates, thus potentially damaging the careers of numerous individuals.

The court noted that Lamba had been in custody since July 28, 2022, and despite the completion of the investigation, the trial had not progressed significantly. With none of the 54 prosecution witnesses examined to date, Justice Brar expressed concern over the prolonged incarceration without trial, citing it as a potential violation of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

Justice Brar referred to the Supreme Court's observations in 'Satender Kumar Antil v. CBI', highlighting the overcrowded state of Indian prisons with undertrial prisoners, many of whom could be out on bail. "In a democracy, there can never be an impression that it is a police State," the court observed, stressing the need for balance in the criminal justice system.

Besides Section 439 of Cr.P.C., the court relied on Supreme Court judgments like 'Prabhakar Tiwari Vs. State of UP' and 'Maulana Mohd. Amir Rashadi Vs. State of U.P.', which discuss bail provisions and the rights of the accused.

Granting bail, the court ordered Lamba's release on furnishing bail/surety bonds to the satisfaction of the trial court, with a clear directive that this should not influence the trial's outcome.

 Date of Decision : January 31, 2024.

Nitin Lamba vs State of Haryana