Punjab and Haryana High Court Grants Bail in Overdose Death Case
Stringent Conditions Imposed to Balance Personal Liberty with Public Safety
In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Anoop Chitkara, has granted bail to Manpreet alias Mani, the accused in a case involving the death of Sunny Mishal due to drug overdose. The decision underscores the importance of balancing personal liberty with societal interests, especially when pre-trial custody exceeds two years.
The petitioner, Manpreet alias Mani, was accused of causing the death of Sunny Mishal by allegedly providing him with an intoxicating substance that led to a fatal overdose. The case has been pending since March 2023, with Manpreet in custody for over two years. During this period, the petitioner demonstrated no criminal antecedents, which played a crucial role in the court's decision to grant bail.
Justice Chitkara emphasized that pre-trial incarceration should not be a substitute for post-conviction sentencing. The court recognized the fundamental principle of presumption of innocence, as outlined in Article 21 of the Indian Constitution, which protects personal liberty. Extended pre-trial detention without trial was deemed a violation of this constitutional right.
In granting bail, the court imposed stringent conditions to ensure public safety and prevent reoffending. These conditions include the surrender of firearms, prohibition on influencing witnesses, and mandatory compliance with all bail terms. Any violation of these conditions could lead to the cancellation of bail.
The judgment also highlighted the importance of the philosophy of bail, which seeks a balance between restricting liberty and ensuring a fair trial. The court noted that protracted pre-trial incarceration can cause irreversible injustice to the accused and their family, emphasizing the need for timely trials to avoid unnecessary deprivation of liberty.
This ruling is seen as a pivotal moment in the application of the Bharatiya Nagarik Suraksha Sanhita, 2023, particularly Section 483, which guides bail jurisprudence in India. The judgment reiterates the court's commitment to safeguarding personal liberty while ensuring that public safety concerns are adequately addressed.
Bottom Line:
Bail jurisprudence under Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizes the balance between personal liberty and societal interests, especially in cases where pre-trial custody exceeds two years.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Article 21 of the Constitution of India, Indian Penal Code 1860 Sections 304, 201, 34.
Manpreet Alias Mani v. State of Punjab, (Punjab and Haryana) : Law Finder Doc Id # 2784956
