The Punjab and Haryana High Court allowed a bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC). The Court observed that while considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law.
Brief Facts:
The petitioner, incarcerated upon his arrest in the FIR, has come up before the Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that she would have no objection in declaring assets by the petitioner and herself and also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The Counsel contended that further pre-trial incarceration would cause an irreversible injustice to the family
The Court observed that while considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or the prosecution filed a closure report; cannot be included.
Further, the Court said that there would be no justifiability of further pre-trial incarceration at this stage, subject to the compliance of the terms and conditions mentioned in this order.
The decision of the Court:
The Punjab and Haryana High Court, allowing the petition, held that the petitioner shall be released on interim bail till the next date of hearing.
Case Title: Ashish Kapoor v State of Punjab
Coram: Hon’ble Justice Anoop Chitkara
Case no.: CRM-M-46067-2023
Advocate for the Petitioner: Ms. Kamal Kapoor
Advocate for the Respondents: DSP Saravjeet Singh
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