In Shyamchand Mondal Vs The State of West Bengal & Anr. CRR 3593 of 2023 the Calcutta High Court has stated that bail plays a vital role in the criminal justice system, as it gives the accused the right to a fair trial. The Court was examining a case involving a man charged under the POCSO Act, who was appealing against the trial court’s decision to cancel his bail.
It was held:
“Bail is a Rule and Jail is an exception. This is in line with Article 21 ofthe Indian Constitution which guarantees the protection of life andpersonal liberty to all citizens of India. Article 21 of the Constitution ofIndia guarantees the ‘right to life and personal liberty’ to every individualand no one should be deprived of it except according to the procedureestablished by law. It guarantees the fundamental right to live withhuman dignity and personal liberty. As per the fundamental principle ofthe Universal Declaration of Human Rights a person is assumed to beinnocent unless proven guilty. Therefore, no one shall be deprived ofpersonal liberty unless specified by a fair and just procedure. Bail is anessential element of any criminal justice system, as it guaranteesthe right to a fair trial for the accused. Bail is a mechanism thatsecures liberty to the accused without providing any unjustified benefitto them.”
The Court followed Pradeep Ram Vs. The State of Jharkhand, AIR 2019 SC 3193 and Himanshu Sharma Vs State of Madhya
Pradesh, Criminal Appeal No (s). ______ of 2024, (Arising Out of SLP (Crl.) No(s). 786 of 2024,
It was noted that on the facts of the case:-
i) The initial section under which the accused was charged is Section 306 Indian Penal Code.
ii) The accused had been granted bail.
iii) The trial has commenced and there has been no prima facie violation of conditions of bail.
iv) The reason for such consideration being that there is a prima facie case under Section 302 IPC.
6. Investigation has ended. Cognizance taken. Trial has commenced.
7. There is no observation that the accused has:-
(i) Misused his liberty by indulging in similar criminal activity.
(ii) Interfered with the course of trial.
(iii) Attempted to tamper with evidence or witnesses.
(iv) Threatened witnesses or indulged in similar activities which would hamper smooth conduct of trial.
(v) There is likelihood of his fleeing to another country.
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(vi) Attempted to make himself scarce by going underground or becoming unavailable to the investigating agency,
(vii) Attempted to place himself beyond the reach of his surety, etc.,
8. Nor has he violated the conditions of bail granted.
The Ld Judge emphasized that according to the Universal Declaration of Human Rights, a person is considered innocent until proven guilty. Thus, no one should lose their personal liberty without a fair and just process. Bail is an important aspect of any criminal justice system because it upholds the right to a fair trial for the accused. It allows the accused to remain free without giving them any unwarranted advantages.
This case was brought before the court following a decision made by the Judge at the Special Court in Lalbagh, Murshidabad, related to POCSO Case No. 07/2017, connected to Jiaganj P.S. Case No. 23 of 2017 from February 4, 2017, involving Sections 376/306 of the Indian Penal Code and Section 4 of the POCSO Act, 2012. The original charge was under Section 306 of the Indian Penal Code. The accused had been granted bail, the trial was underway, and there were no apparent breaches of the bail conditions.
The court pointed out that there was no evidence showing that the accused had (i) taken advantage of his freedom by committing similar crimes, (ii) interfered with the trial, (iii) tried to tamper with evidence or witnesses, (iv) threatened witnesses, or engaged in any behavior that could disrupt the trial, and (v) posed a risk of fleeing the country.
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