GS 2: PolityGS 2: Social JusticePrelims

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

Supreme Court rebukes prolonged pre-trial detention, upholds 'bail is the rule' principle, and grants bail in ₹34,000-crore DHFL fraud case.

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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.
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