Over and above when the purpose of investigation has already been completed as against the arrested persons Sir Madan Mitra, Firhad Hakim @ Bobby Hakim, Subrata Mukherjee and Sovan Chatterjee and where there is no prayer for C.B.I custody for further interrogation, mere prayer for judicial custody can not be the ground for detention of the arrest persons. I think what ever prayer has been made by the I.O in respect of the present case should not be entertained on the other hand what ever prayer has been made in respect of bail of the accused Sir Madan Mitra, Firhad Hakim @ Bobby Hakim, Subrata Mukherjee and Sovan Chatterjee should be allowed.
We make it clear that we have not directed the States/ Union Territories to compulsorily release the prisoners from their respective prisons. The purpose of our aforesaid order was to ensure the States/Union Territories to assess the situation in their prisons having regard to the outbreak of the present pandemic in the country and release certain prisoners and for that purpose to determine the category of prisoners to be released.
It appears that the High Court has completely misappreciated the object, scope and ambit of the directions issued by this Court from time to time in In Re : Contagion of Covid 19 Virus In Prisons. This Court did not direct release of all under-trial prisoners, irrespective of the severity of the offence. After hearing the learned Attorney General of India, Mr. Venugopal, the Amicus Curiae appointed by this Court, Mr. Dushyant Dave and other Learned Counsel, the States and Union Territories were directed to constitute a High Powered Committee to determine which class of prisoners could be released on parole or interim bail for such period as might be thought appropriate.
Sections 437(5) and 439(2) of Cr.P.C. Sub-section (5) of Section 437 of Cr.P.C-The question, as to whether when an accused is bailed out in a criminal case, in which new offences have been added, whether for arresting the accused, it is necessary to get the bail cancelled, has arisen time and again, there are divergent views of different High Courts on the above question.
“Bail” remains an undefined term in Code of Criminal Procedure. Nowhere else has the term been statutorily defined. Conceptually, it continues to be understood as a right for assertion of freedom against the State imposing restraints. Since the UN Declaration of Human Rights of 1948, to which India is a signatory, the concept of bail has found a place within the scope of human rights. The dictionary meaning of the expression “bail” denotes a security for appearance of a prisoner for his release. Etymologically, the word is derived from an old French verb “bailer” which means to “give” or “to deliver”, although another view is that its derivation is from the Latin term “baiulare”, meaning “to bear a burden”. Bail is a conditional liberty. Stroud's Judicial Dictionary (4th Edn., 1971) spells out certain other details.
American democracy is based upon the belief that man, as a child of God, is capable of self-perfection; that he is therefore endowed with certain sacred rights; and that government is instituted of man to protect these rights and to free him that he may attain the destiny that is his. It is man's quest for liberation—physical, mental and spiritual— not only from the bondage of oppression, but from the human weaknesses of hatred, greed and fear. It is his quest for self-fulfillment, born of the conviction that every individual has some contribution to make to the enrichment of life, and that the progress of human civilization and culture lies in the release of the creative of men.
while granting bail discretion must be exercised in a judicious manner and not as a matter of course. It may not be necessary to do detailed examination of evidence and documentation of the merit of the case but there is a need to indicate reasons for prima facie conclusion why bail was being granted particularly where the accused is charged of having committed serious offence.
Personal liberty is fundamental and can be circumscribed only by some process sanctioned by law. Liberty of a citizen is undoubtedly important but this is to balance with the security of the community. A balance is required to be maintained between the personal liberty of the accused and the investigational right of the police.
The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. We do not intend to be exhaustive but only illustrative.
ফৌজদারি কার্যবিধি, ১৮৯৮ এর দ্বিতীয় তফসিল অনুযায়ী দন্ডবিধিতে উল্লেখিত অপরাধসমূহের মধ্যে যেসব অপরাধ জামিনযোগ্য তা নিম্নে উল্লেখিত হলঃ- Schedule 2 of the Code of Criminal Procedure states that in the case of an offense punishable under any law other than the Penal Code, if the offense is punishable by less than two years or a fine only, the offense shall be bailable.
Habeas corpus-Constitution of India, 1950—Articles 32 and 22(5)—Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974—Section 3(3)— It is also necessary to point out that in case of an application for a writ of habeas corpus, the practice evolved by this Court is not to follow strict rules of pleading nor place undue emphasis on the question as to on whom the burden of proof lies. Even a postcard written by a detenu from jail has been sufficient to activise this Court into examining the legality of detention—Once the rule is issued it is the bounden duty of the Court to satisfy itself that all the safeguards provided by the law have been scrupulously observed and the citizen is not deprived of his personal liberty otherwise than in accordance with law.
The general principles for setting bail, which restrain how bail conditions are set. As the default position is bail without conditions, the first issue is whether a need for any condition has been demonstrated. Restraint and the ladder principle require anyone proposing to add bail conditions to consider if any of the risks are at issue.