Justice Kuldeep Tiwari Upholds Bail is the Rule and Jail is an Exception Principle in Recent Bail Grant

In a significant ruling that reinforces the fundamental principles of criminal jurisprudence, the High Court of Punjab & Haryana, presided over by Hon’ble Mr. Justice Kuldeep Tiwari, granted regular bail to the petitioner in the case FIR No. 111 dated 04.07.2023. The case, which involved charges under various sections of the IPC, saw Justice Tiwari applying the seminal principle that “Bail is the Rule and Jail is an Exception,” a doctrine deeply rooted in the Indian legal system.

The petitioner, Rajender Yadav, was accused under Sections 323, 342, 307, 506, and 34 of the Indian Penal Code (IPC), in a case registered at Police Station Sector 31, Chandigarh. Represented by Mr. Dinesh Maurya, the petitioner sought relief from the court, citing false implication and lack of direct involvement in the alleged crimes.

In his ruling, Justice Tiwari emphasized the sanctity of individual liberty as enshrined in Article 21 of the Constitution of India. He stated, “The right to a speedy trial is one of the rights of a detained person. However, while deciding application for regular bail, the Courts shall also take into consideration the fundamental precept of criminal jurisprudence, which is the presumption of innocence, besides the gravity of offence(s) involved.”

The decision reflects a judicious balance between upholding individual rights and ensuring the interests of justice. The court noted that the petitioner had already undergone incarceration of more than six months and that the trial was not likely to conclude in the near future. As such, the court deemed it appropriate to grant bail, subject to the petitioner furnishing a bail bond and surety bond to the satisfaction of the concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.

This ruling, while not commenting on the merits of the case, serves as a reminder of the judiciary’s commitment to protecting personal liberties and the presumption of innocence until proven guilty. The case has drawn attention for its adherence to legal precedents and its reflection of the judiciary’s role in balancing individual rights with societal interests.

Date of Decision: 05.01.2024

RAJENDER YADAV VS STATE OF UT CHANDIGARH