RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has sought regular bail in FIR No. 22 of 2015 registered at Police Station, Baijnath, District Kangra, H.P., on 17.2.2015 under Sections 302 and 34 IPC.

(2.) IT is evident from the perusal of records that in so far as the present petitioner is concerned, there are no allegations made against him for commission of offence under Section 302 IPC and is only charged for commission of offence under Section 34 IPC. Now once this is the position, the actual complexity and the role if any played by the petitioner can only be established during the course of regular trial, but that cannot be a ground to deny bail to the petitioner.

(3.) WHAT probably has been over -looked by Mr. Verma is the fact that the object of bail is only to secure the appearance of the accused person at the time of trial by granting reasonable amount of bail. Therefore, the object of bail is neither punitive nor preventative. At this stage deprivation of liberty will have to be considered a punishment, unless of course, the presence of the accused person cannot be secured. The Courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.