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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Punjab and Haryana High Court granted regular bail to Ram Lubhaya, involved in a grievous assault case. The case, registered under multiple sections of the Indian Penal Code, including attempt to murder, has been under the legal scanner since July 2023.
In a landmark observation, Justice Harpreet Singh Brar emphasized the need for a judicious approach towards arrest and detention. The court referred to a Supreme Court judgment stating, "Jails in India are flooded with undertrial prisoners... arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly." This observation formed the crux of the decision to grant bail.
The FIR against Lubhaya and his family members included serious allegations like administering kirpan blows and baseball bat attacks, leading to severe injuries to the complainants. Despite the gravity of the charges, the court’s decision to grant bail has been influenced by broader considerations about the treatment of undertrial prisoners.
Justice Brar, in his ruling, noted that Lubhaya had been in custody since July 7, 2023, and the trial had not yet commenced. He underscored, “No useful purpose would be served by further detention of the accused-petitioner.” This statement reflects a shift in judicial thought, prioritizing the rights and welfare of undertrial prisoners.
The decision is a significant reminder of the judicial system's responsibility towards undertrial prisoners. It highlights the need to balance the rights of the accused with the demands of justice, especially in cases where trials are delayed.
While granting bail, the court made it clear that its observations should not influence the trial's merits. The trial is expected to proceed impartially, ensuring justice for all parties involved.
The High Court's decision in this complex assault case opens up a broader conversation about the treatment of undertrial prisoners in India. It sets a precedent for other courts to consider the prolonged detention of undertrials and its impact on the justice system.
Date of decision: 12.01.2024
RAM LUBHAYA VS STATE OF PUNJAB
