SC slams denial of bail to give accused a ‘taste of imprisonment as a lesson’, Pg8

Key Highlights:

• The Supreme Court criticized the denial of bail to undertrials as a means of punishment.
• The court emphasized the presumption of innocence for all accused individuals.
• It reiterated that bail is the rule and jail is an exception in criminal jurisprudence.
• The ruling came while granting bail to Kapil and Dheeraj Wadhawan, involved in a ₹34,000-crore bank fraud case.

Detailed Insights:

• The Supreme Court stated that pre-trial detention should not become a form of punishment before a conviction is secured.
• Courts are obligated to intervene when prolonged custody becomes disproportionate, arbitrary, or excessive.
• An undertrial prisoner should not be detained indefinitely unless they pose a threat to society, can influence witnesses, or are a flight risk.
• The prosecution bears the responsibility to demonstrate why an undertrial prisoner should not be granted bail.
• The court referenced previous rulings stating that if a timely trial is not possible and the accused has been incarcerated for a considerable time, bail should be considered.
• The case involves a complaint by the Union Bank of India regarding a fraud case registered by the Central Bureau of Investigation (CBI).

Key Concepts Involved:

• Undertrial: A person undergoing trial in a court of law.
• Presumption of Innocence: The principle that every person is considered innocent until proven guilty.
• Bail: The temporary release of an accused person awaiting trial, often with conditions.