2 months ago
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Observing that incarceration without proceedings amounts to punishment, the Supreme Court granted bail to a Punjab nonmigratory successful an attempt-to-murder case, noting that helium had spent 2 years successful jailhouse without the proceedings adjacent commencing.
A seat of Justices Dipankar Datta and P.V. Varale, successful its caller order, said Pradeep Kumar alias Banu was booked for assorted offences, including effort to murder, successful February 2024, but the prosecution is yet to analyse immoderate 1 of the 23 witnesses related to the case.
It acceptable speech the July 11, 2025, bid of the Punjab and Haryana High Court rejecting Mr. Kumar's bail plea.
"Prosecution proposes to analyse 23 witnesses to thrust location the charges against the appellant, but nary has been examined. Thus, the proceedings is apt to instrumentality immoderate clip to conclude," the seat said successful its March 13 order.
It added that astir 2 years person passed since Mr. Kumar was arrested, without a proceedings having commenced and a decision thereof obscurity successful sight.
"Incarceration without proceedings amounts to punishment," the seat highlighted.
Taking an wide presumption of the matter, the tribunal was of the considered sentiment that further detention of the appellant pending proceedings is not necessary; and, since the entreaty deserves acceptance, the appellant whitethorn beryllium admitted to an bid for the assistance of bail, it said.
Imposing conditions connected Mr. Kumar, the seat said helium shall beryllium released connected bail, taxable to furnishing of bail bonds to the restitution of the proceedings tribunal and taxable to specified different presumption and conditions arsenic whitethorn beryllium imposed by it.
"Needless to observe, the appellant shall not, straight oregon indirectly, by making inducement, menace oregon promise, dissuade immoderate idiosyncratic acquainted with the facts of the lawsuit from disclosing specified facts to the court," it said.
In the lawsuit determination is immoderate breach of the presumption and conditions for the assistance of bail, the proceedings tribunal shall beryllium astatine liberty to cancel the bail of the appellant, it added.
The apical court, portion allowing the appeal, directed Mr. Kumar to diligently be proceedings of the trial, unless exempted.
"If helium abstains from attending the proceedings without justifiable cause, that could besides beryllium seen arsenic a breach of the conditions for assistance of bail and the proceedings tribunal volition beryllium escaped to walk due orders," it said.
The seat further said the observations made successful this bid and assistance of bail volition not beryllium treated arsenic findings connected the merits of the case.
