Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case.

Justice Shampa (Dutt) Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial court. She said:

"Bail is a Rule and Jail is an exception. This is in line with Article 21 of the Indian Constitution which guarantees the protection of life and personal liberty to all citizens of India. Article 21 of the Constitution of India guarantees the 'right to life and personal liberty' to every individual and no one should be deprived of it except according to the procedure established by law. It guarantees the fundamental right to live with human dignity and personal liberty."

"As per the fundamental principle of the Universal Declaration of Human Rights a person is assumed to be innocent unless proven guilty. Therefore, no one shall be deprived of personal liberty unless specified by a fair and just procedure. Bail is an essential element of any criminal justice system, as it guarantees the right to a fair trial for the accused. Bail is a mechanism that secures liberty to the accused without providing any unjustified benefit to them," she added.

The present revisional application was preferred against an order passed by the Judge, Special Court, Lalbagh, Murshidabad in POCSO Case No. 07/2017 arising out of Jiaganj P.S. Case No. 23 of 2017 dated 04.02.2017 under Sections 376/306 of the Indian Penal Code and Section 4 of the POCSO Act, 2012.

The initial section under which the accused was charged was Section 306 Indian Penal Code. The accused had been granted bail, the trial had commenced and there had been no prima facie violation of conditions of bail.

Court noted that there is no observation that the accused had (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 and (v) There is likelihood of his fleeing to another country.

Accordingly, it set aside the order passed by the trial court.

Case: Shyamchand Mondal Vs The State of West Bengal & Anr.

Case No: CRR 3593 of 2023

Citation: 2024 LiveLaw (Cal) 286

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