ABHIJEET SON Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dtd. 3/8/2021, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest in case FIR No.233 of 2021, dtd. 1/8/2021, under Sec. 323, 325 and 379 read with Sec. 34 of IPC, registered at police Station, Nalagarh, District Solan, H.P., Mr. Desh Raj Thakur, learned Additional Advocate General on instructions of the Investigating Officer, states that pursuant to order dtd. 3/8/2021, bail petitioner has already joined the investigation and he is fully co-operating with the investigating agency. Mr. Thakur, further contends that at this stage nothing is required to be recovered from the bail petitioner and as such, his custodial interrogation is not required and he can be ordered to be enlarged on bail subject to the condition that he shall make himself available for investigation and trial as and when called by the investigating agency.

(2.) A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society.

(3.) There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case.