11/29/22, 7:51 PM Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is 'Abysmally Low' In Our Country, : PH High Court

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Home / News Updates / Jail Before Conviction...

NEWS UPDATES

Jail Before Conviction Is A Sort Of

Punishment As Conviction Rate Is
'Abysmally Low' In Our Country, : PH High
Court
Sparsh Upadhyay 29 Nov 2022 7:04 PM

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11/29/22, 7:51 PM Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is 'Abysmally Low' In Our Country, : PH High Court

While quashing a lower court's order canceling the bail of a murder accused,

the Punjab and Haryana High Court last week observed that the

imprisonment of the accused before his/her conviction becomes a sort of

punishment in view of abysmally low rate of conviction in our country.

The bench of Justice Jagmohan Bansal also observed that life of every

human being is most precious gift of God and everyone has very limited span

of life which cannot be spoiled on account of incompetence, personal

grudge, vengeance of someone; or brutal, illegal, unethical action of the State

machinery.

"Except habitual offender, commoners living simple life after arrest lose

self-respect and confidence within himself as well State. It has become

very common to put criminal law in motion even though dispute

involved is purely contractual or civil in nature. Many times arrest

entails deprivation of source of income of entire family besides forever

stigma in a closely knit society like ours," the Court further remarked.

Significantly, the Court also said that there is neither mechanism to

compensate a man who is later on found innocent nor acquittal can return

valuable time, energy, status, future of family members especially children

which is lost on account of incarceration of bread earner of the family.

These observation were made by the Court while dealing with the plea

moved by Harinder Singh @ Harry (booked under Section 365 IPC, 302, 328,

201 r/w 34 IPC and Section 21 of NDPS Act), seeking quashing of an order of

the Additional Sessions Judge, Ludhiana whereby bail bonds furnished by

https://www.livelaw.in/news-updates/rate-conviction-abysmally-low-country-jail-before-conviction-sort-punishment-ph-high-court-215365 2/6
11/29/22, 7:51 PM Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is 'Abysmally Low' In Our Country, : PH High Court

him were cancelled and non-bailable warrants of arrest were issued against

him.

It was his primary submission that the an FIR was registered against him in

2017 in the matter, and in May this year, he got a bail order from the High

Court, however, due to his non-appearance in the Ludhiana trial court, the

court issued non-bailable warrants against him. He also submitted that he is

ready to appear in the trial court on the next hearing.

Against this backdop, and noting that the object of cancellation of bond or

declaration of anyone as proclaimed offender/person is to secure his

presence and that the petitioner had himself come forward to face trial and

undertook to appear before trial court on each and every date, the Court went

ahead to allow his petition.

The Court directed him to appear before Trial Court on December 9, 2022 and

furnish fresh bail bond/surety bond to its satisfaction. However, a cost of Rs.

10,000/- was imposed upon him to be paid to the District Legal Services

Authority, Ludhiana for wasting valuable time and energy of courts as well

prosecution.

Case title - Harinder Singh @ Harry v. State of Punjab [CRM-M-51476-2022]

Case Citation:

Click here To Read/Download Order

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11/29/22, 7:51 PM Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is 'Abysmally Low' In Our Country, : PH High Court

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11/29/22, 7:51 PM Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is 'Abysmally Low' In Our Country, : PH High Court

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SPEEDY TRIAL PRE TRIAL DETENTION JUSTICE JAGMOHAN BANSAL

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