Innocent till proven guilty, reminds Delhi HC

Courts owe more than verbal respect to the principle that punishment begins after conviction and every man is deemed to be innocent until duly tried and found guilty. This was observed by a city court while granting bail to a police officer in a bribery case. It further stated that detention in custody pending completion of trial could be a cause of great hardship.

Additional sessions judge Vinod Yadav said the object of granting bail to an accused was neither punitive nor preventive in nature. Constable Dinesh Kumar Saini was granted bail on furnishing a bond of Rs 25,000 with one surety of like amount.

The true object behind granting bail is to secure the appearance of the accused during trial. Apart from the question of prevention being the object of refusal of bail, one must not lose sight of the fact that any imprisonment before conviction
has substantial punitive content. It would be improper for any court to refuse bail as a mark of disapproval
of former conduct, whether the accused has been convicted for it or not,” the judge noted in the order dated February 14.

The court said the law was fairly settled that an accused couldn’t be kept in custody as a measure of punishment without trial. “Merely because an economic offence has been alleged, the accused does not become disentitled for grant of bail if substantial evidence has already been collected,” it added. It noted that the alleged bribe amount of Rs 39,000 also stood seized. 

The judge said Saini, being a government servant, was not a flight risk and investigation appeared to be almost complete. It added that the prosecution’s apprehension that the accused, being a cop, would threaten the complainant or try to influence the witnesses “seemed somewhat unfounded and unsubstantiated”.

It was noted that the cop was in judicial custody since January 23, 2022. He couldn’t remain in jail merely because the
FSL report and expert’s opinion was yet to be received and statements of complainant and witness(es) yet to be recorded.


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