Right Under Article 21 a Beacon for Bail: High Court Grants Bail in Murder Case

In a significant judgment, the Punjab and Haryana High Court granted bail to Lakhan Pal in a case involving charges of assault and attempted murder. The decision, delivered by Hon’ble Mr. Justice Harpreet Singh Brar, underscored the constitutional right under Article 21 and the condition of undertrial prisoners in India.

The crux of the judgment revolved around the petitioner’s right to bail under Article 21 of the Indian Constitution. The Court emphasized that prolonged incarceration without the commencement of trial infringes upon the fundamental right to life and personal liberty.

The FIR lodged against Lakhan Pal accused him of participating in an attack with a knife and glass bottles, allegedly driven by a previous grudge. The petitioner’s counsel contended his absence from CCTV footage at the crime scene and argued for bail, citing a similar concession granted to co-accused Sandeep.

Justice Brar took into account the petitioner’s time in custody since August 16, 2023, and the completion of the investigation with no commencement of trial. Citing the Supreme Court’s observations in ‘Satender Kumar Antil v. CBI’ on the plight of undertrial prisoners, the Court highlighted the necessity to minimize arrest and incarceration in a democratic society. The Court noted that further detention of the petitioner would be violative of Article 21, especially given the delay in the trial process.

The Court allowed the petition, granting regular bail to Lakhan Pal @ Lakhan Dhabi during the trial, subject to the furnishing of bail/surety bonds to the satisfaction of the concerned Magistrate/Trial Court. The judgment made it clear that these observations should not influence the merits of the case in the trial court.

Date of Decision: February 16, 2024

Lakhan Pal @ Lakhan Dhabi Versus State of Haryana