Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Jails Should Not Be Overcrowded with Undertrial Prisoners - High Court Emphasizes Prudent Use of Detention

07 May 2024 8:19 AM

By: Admin


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         

 

Latest Legal News