“Punjab-Haryana High Court Upholds the Principle ‘Bail is the Rule and Jail is an Exception’ in Case
In a significant ruling, the Punjab-Haryana High Court today granted regular bail to Lovepreet Singh @ Love, in a case involving allegations of robbery and arms possession. The decision, delivered by Hon’ble Mr. Justice Kuldeep Tiwari, emphatically reinforced the foundational principle of criminal jurisprudence, stating “Bail is the Rule and Jail is an Exception”.
Lovepreet Singh had been in custody since May 24, 2022, following allegations of snatching gold ornaments at gunpoint, as per FIR No. 49 dated April 29, 2022. The case, registered under Sections 379-B(2), 34, and 201 of the IPC, and Section 25 of the Arms Act at Police Station Kamboj, District Amritsar Rural, had seen little progress, with charges being framed as late as August 8, 2023, and none of the 17 prosecution witnesses having been examined to date.
In his ruling, Justice Tiwari cited the landmark judgment “State of Rajasthan V. Balchand alias Baliay” (1977), which established the principle that detention should only be used to ensure an accused’s availability for trial. The court observed that if an accused’s presence can be secured otherwise, then continued detention is not mandatory.
The court’s decision was also influenced by the fact that co-accused in the case had already been granted bail. This, coupled with the prolonged detention of Lovepreet Singh and the stalled trial process, formed the basis for granting bail.
In his concluding remarks, Justice Tiwari stated, “The grant of bail in this case is consistent with the sanctity of individual liberty and the presumption of innocence, which are cornerstones of our legal system.” He further clarified that this decision should not be seen as a comment on the merits of the case but rather as a necessary step in ensuring justice and fair trial rights.
The decision has been received positively by legal experts, who view it as a reaffirmation of the fundamental rights enshrined in the Indian Constitution, particularly in relation to personal liberty and the presumption of innocence until proven guilty.
Lovepreet Singh is expected to be released on bail upon furnishing the required bail and surety bonds, as directed by the court. The case will continue to be tried on its merits, with the court’s observations in the bail decision having no bearing on the outcome of the trial.
Date of Decision: 22nd December 2023
Lovepreet Singh @ Love Vs State Of Punjab
