Facilitating Defence Is Justifiable Basis For Seeking Bail: Punjab & Haryana HC Grants Bail In Attempt To Murder Case

Facilitating a fair opportunity for the accused to defend themselves can be a valid ground for granting bail, observed the Punjab and Haryana High Court while allowing bail in an attempt to murder case.

In the present case, the Court granted regular bail to an accused in attempt to murder case considering that all prosecution witnesses were examined except one witness, namely, the government doctor.

Justice Sumeet Goel said,

"As the venerable legal maxim goes 'Cessante ratione legis, cessatipsa lex' – when the reason for the law ceases, the law itself ceases—duly encapsulates within its ambit, the factual milieu of the instant case. The primary rationale for pre-trial detention, securing the integrity of the prosecution's case and ensuring the accused's presence at trial, is substantially diminished when the evidentiary phase of the prosecution is virtually complete."

Furthermore, it added that it is a cardinal principle of criminal jurisprudence that the right to a fair trial is paramount, an indispensable facet of which is the accused's opportunity to present a robust defense.

It emphasised that, to effectively exercise this inalienable right to lead defence evidence, the physical liberty of the accused is often an essential factor. “A person confined to custody faces considerable impediments in consulting with legal counsel, gathering defense witnesses, and preparing their strategy.”

The Court elucidated that denial of liberty at this advanced stage, when the prosecution's evidentiary edifice is almost complete, can severely cripple the defense, thereby striking at the very root of a fair trial.

"Audi alteram partem – hear the other side – is a fundamental dictate of natural justice, and denying bail when there's no palpable risk of witness tampering would be to render this maxim nugatory," the judge said,

The Court was hearing a second plea filed by Harjinder Singh grant of regular bail to the petitioner in case under Sections 307, 324, 323,506 and 34 of the IPC.

Counsel for the petitioner argued that it was complainant side which was the aggressor and the petitioner has only acted in furtherance of his right to defence.

After hearing the submissions, the Court noted that the petitioner was arrested on 12.07.2022 and is in continuous custody till date. Challan was presented in the case on 04.10.2022 wherein 09 prosecution witnesses have been cited out of which 08 have been examined.

Justice Goel considered the the factum of "continued incarceration" as well as the prosecution evidence phase nearing its fag end, and deemed it appropriate to favorably consider the bail petition.

Mr. Sukhjit Singh, Advocate for the petitioner.

Mr. Jatinder Pal Singh, Sr. DAG, Punjab for the respondent-State.

Title: Harjinder Singh alias Raj alias Rajinder Singh v. State of Punjab

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