The single judge bench of Justice Jagmohan Bansal of the Punjab and Haryana High Court in the case of Harinder Singh @ Harry Vs State of Punjab held that Imprisonment before conviction is a sort of punishment especially when rate of conviction in our country is abysmally low.
BRIEF FACTS
The factual matrix of the case is that the petitioner is seeking quashing of order whereby bail bonds furnished by the petitioner have been cancelled and non-bailable warrants of arrest are issued against the petitioner, under Section 365 IPC and (Sections 302/328/201/34 IPC and Section 21 of NDPS Act, 1985 added later on).
The learned counsel appearing on behalf of the petitioner submitted that the petitioner was extended concession of regular bail passed by this Court. However, the petitioner failed to appear before trial Court and, learned Additional Sessions Judge ordered to cancel bail bonds and further issued non-bailable warrants of arrest.
COURT’S OBSERVATION
The hon’ble court held that the intent of arrest and reason of denial of bail is to secure the appearance of the accused at the time of trial. A person who seeks to be liberated must take judgment and serve sentence in the event of his conviction. The nature of the crime charged, severity of punishment prescribed, prime facie available evidences, history & background of the accused may indicate that any amount of bond and surety is not going to secure presence of accused, at the time of conviction. It was further held that the object of arrest is neither punitive nor preventive Detention or arrest not only deprives a person from his fundamental right of personal liberty guaranteed by Article 21 but also freedom guaranteed by Article 19(1) of our Constitution. Life of every human being is most precious gift of God and everyone has very limited span of life which cannot be spoiled on account of incompetence, personal grudge, vengeance of someone; or brutal, illegal, unethical action of the State machinery. Imprisonment before conviction is a sort of punishment especially when rate of conviction in our country is abysmally low.
CASE NAME- Harinder Singh @ Harry Vs State of Punjab
CITATION- CRM-M-51476-2022
CORUM- Justice Jagmohan Bansal
DATE- 24.11.22
Read Judgment ;
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