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TMI Blog2024 (10) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... sa. 2. Prosecution story setup in the present case as per the version in the FIR as under:- "Copy of statement, Statement of Karamjit Kaur wife of Jugraj Singh son of Pritam Singh, resident of Ward No.21, Mansa, aged about 55 years, M.No. 94170-29011 stated that I am resident of above mentioned address. I am household lady. I have three children i.e. daughter namely Prabhjot Kaur elder from all who is not married till now and is residing with me and younger to her, my daughter Kirandeep Kaur wife of Satwinder Singh, resident of Sardulgarh and younger to her, my son Parwinder Singh. My husband Jugraj Singh who was working in Water Supply and after his death in the year 2011, my son Parwinder Singh got obtained job in Water Supply in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant FIR and the most material witness i.e. the complainant has turned hostile. He further contends that there is no incriminating material or evidence available with the prosecution to connect the petitioner with the commissioning of alleged offence. It has been submitted on behalf of the petitioner that his co-accused, namely, Satnam Singh @ Kaka has been granted the concession of regular bail by this Court vide order dated 07.02.2024 passed in CRM-M-62287-2023. On behalf of the State On the other hand, learned State counsel has produced the custody certificate of the petitioner today in Court, which is taken on record. He seeks dismissal of the instant petition on the ground that the petitioner is a habitual offender as he is involve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 discretio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973. 5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as is the mandate of the Apex court in "Hussainara Khatoon and ors (IV) v. Home Secretary, State of Bihar, Patna", (1980) 1 SCC 98. Besides this, reference can be drawn upon that pre-conviction period of the under-trials should be as short as possible keeping in view the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness or apprehension of threat to the complainant. As far as the pendency of other cases and involvement of the petitioner in oth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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