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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 ..... cused as is the mandate of the Apex court in Hussainara Khatoon and ors (IV) v. Home Secretary, State of Bihar, Patna [ 1979 (3) TMI 215 - SUPREME COURT ]. 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. This Court has held that no doubt, at the time of granting bail, the criminal antecedents of the petitioner are to be looked into but at the same time it is equally true that the appreciation of evidence during the course of trial has to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 place of my husband. After obtaining job to my son, he has started taking intoxicant. On 20.09.2023, due to overdose of intoxicant, I got admitted him in Hospital of Sunil Bansal and where, he was referred to Rajindra Hospital, Patiala and where during treatment he has expired on 24.09.2023 at about 09:15 PM. That my son Parwinder Singh used to take intoxicant from Pirthipal alias Lali, Pritpal Singh and wife of Pirthipal alias Lali whose name not aw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 involved in two more cases, wherein he is on bail in one case and was convicted in another case. 4. Analysis Be that as it may, considering the custody period i.e. 10 months and 04 days for which the petitioner has suffered incarceration; co-accused of the petitioner, 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; the material witness i.e. the complainant has turned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 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 Court in In Re-Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658 6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 56 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 other cases is concerned, reliance can be placed upon the order of this Court rendered in CRM-M-25914-2022 titled as Baljinder Singh alias Rock vs. State of Punjab decided on 02.03.2023, wherein, while referring Article 21 of the Constitution of India, this Court has held that no doubt, at the time of granting bail, the criminal antecedents of the petitioner are to be looked into but at the same time it is equally true that the appreciation of evidence during the course of trial h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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