Case Name : Ashok Panwar @ Ashok Pawar vs State (GNCT of Delhi) Case Reference: (2020) 270 DLT 328 Neutral Citation: 2020:DHC:2461 Case Number: BA 1606/2020 Court: Delhi High Court Bench: 01 Coram: Anup Jairam Bhambhani Date: 04.08.2020
Pre-trial detention has an adverse effect on an accused, especially on his right to brief and consult lawyers and to prepare their defence; and the accused must be a given a real and not merely chimerical right to fair trial as guaranteed under Constitution - Article 21. Once investigation is complete and chargesheet has been filed, it would be difficult to discern any other threshold or timeline upon which it would be ‘proper’ to detain an undertrial in judicial custody. Any ad-hocism in deciding appropriate pre-trial detention period would be anathema to the rule of law. Judicial subjectivity must never be confused with an individual judge’s whim
Refer also: Ash Mohammad vs Shiv Raj Singh Ashok Sagar, (2018) SCC OnLine Del 9548 Courts are not to presume that the accused would flee from justice. The nature of the offence has a limited role while examining merits on application for bail. Since it is not an application for suspension of sentence. Courts must be alive to the position that every accused is presumed to be innocent until proved guilty. Sanjay Chandra vs CBI, (2012) 1 SCC 40 Object of bail is to secure the appearance of the accused person at trial. Object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment; and ordinarily punishment begins after conviction. Necessity is the operative test; to ensure attendance of some un-convicted undertrial at the trial, or that such person could tamper with the witnesses if left at liberty. There must be material in support of the allegation as to the possibility of tampering of witnesses. It would be improper for any court to refuse bail as a mark of disapproval of former conduct. It is also improper to refuse bail to the un-convicted undertrial for the purpose of giving them a taste of imprisonment as a lesson. Seriousness of charge is one of the considerations but not the only test or factor P Chidambaram vs CBI, 2019 SCC OnLine SC 1380 P Chidambaram vs Directorate of Enforcement, 2019 SCC OnLine SC 1549 Gravity can only beget the length of sentence. Bail cannot be thwarted simply by asserting that the offence is grave. Moti Ram vs State of MP Babu Singh vs State of UP
See also: IPC - Section 420 IPC - Section 467 IPC - Section 468 IPC - Section 471 IPC, Section 511 IPC, Section 120B IPC - Section 34 Constitution - Article 21 Judicial Discipline