Accused Cannot Be Kept In Custody Only On A 'Hunch' That He Will Impede Trial Or To Send A Message To Society : Delhi HC
4 years, 8 months ago

Accused Cannot Be Kept In Custody Only On A 'Hunch' That He Will Impede Trial Or To Send A Message To Society : Delhi HC

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The Delhi High Court has stated that the personal liberty of an accused person cannot be curtailed by denying him bail merely on the basis of the investigation agency's "hunch" that he will interfere with administration of justice. If anything, the only message that goes-out to the society by keeping an accused in prison before finding him guilty, is that our system works only on impressions and conjectures and can keep an accused in custody even on presumption of guilt," the single-Judge bench of Justice Anup Jairam Bhambhani observed. The bench has clarified that the authorities probing the criminal case must oppose the grant of bail on the basis of cogent material that makes a case "beyond reasonable doubt" and they should not seek custody of the accused only with an intention to "punish" him even before conclusion of trial. The bench has held that an accused, popularly believed to be guilty, cannot be kept in custody merely to quench the society's "thirst for revenge." …People's trust in the criminal justice system must rest on surer footing than on pre-trial punishment by keeping accused persons in prison," the bench remarked.

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