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TMI Blog2025 (2) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... ndered in Dataram versus State of Uttar Pradesh and another [2018 (2) TMI 410 - SUPREME COURT] wherein it has been held that the grant of bail is a general rule and putting persons in jail or in prison or in correction home is an exception.
This Court is conscious of the fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India.
Conclusion - The petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.
Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... s and 25 days. Learned counsel for respondent No. and learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that if the petitioner is released on bail, he is likely to influence the other persons, moreso, he is owning number of firms and the offence committed by him has caused loss to the economy of the State and there is evasion of around Rs. 30 crores and the investigation is still going on. He further submits that the petitioner is involved in more FIR, meaning thereby he is a habitual offender. 4. Analysis Be that as it may, as per the principle of the criminal jurisprudence, no one should be considered guilty, till the guilt is proved beyond reasonable doubt and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mous 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 565 in which it is observed that it was held way back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nant. 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 has to be looked into with reference to the evidence in that case alone and not with respect to the evidence in the other pending cases. In such eventuality, strict adherence to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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