DEEPAK GUPTA, MADAN B.LOKUR
Dataram Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
Based on the provided legal document, the key points are as follows:
The fundamental principle of criminal jurisprudence is the presumption of innocence until proven guilty. Bail is generally the rule, and incarceration is an exception, emphasizing a humane and compassionate approach in granting bail (!) .
The exercise of judicial discretion in granting or denying bail must consider multiple factors, including whether the accused was arrested during investigations, their participation in the investigation process, and whether there is any genuine fear of victimization or absconding (!) .
The status and conduct of the accused, such as whether they are first-time offenders or have prior criminal records, as well as their economic condition, are relevant considerations in bail decisions. These factors should inform a humane and balanced approach (!) .
The importance of maintaining the dignity of the accused and considering social issues like prison overcrowding are emphasized, advocating for a humane attitude in judicial proceedings related to bail (!) .
While bail should not be granted in every case, the discretion to do so must be exercised judiciously, considering the specific circumstances of each case, including the absence of any risk of absconding or hampering the trial (!) .
In the context of the case discussed, the appellant was not arrested during the investigation, was granted multiple opportunities to appear before the trial court, and there was no evidence of him being a flight risk or a danger to the trial process. These facts warranted the grant of bail (!) .
The courts below failed to exercise their discretion properly, as they did not sufficiently consider the absence of any apprehension of absconding or obstructing the trial, and the appellant’s lack of prior criminal conduct. Therefore, bail should have been granted (!) .
The appeal was allowed, and bail was granted to the appellant under reasonable conditions, reflecting the court’s view that the circumstances did not justify continued detention and that a humane approach was appropriate (!) .
In summary, the decision underscores that bail should be granted unless there are clear reasons to believe the accused may abscond or obstruct justice. The courts must exercise their discretion judiciously, considering all relevant factors, including the accused’s conduct, investigation status, and social context.
JUDGMENT :
Madan B. Lokur, J.
1. Leave granted.
2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are 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
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