Chandigarh, March 7 —The Punjab and Haryana High Court has condemned the prolonged detention of an undertrial prisoner for over four years despite his entitlement to default bail, calling it a serious violation of fundamental rights.
Justice Harpreet Singh Brar, in a strongly worded order, criticized the District Legal Services Authority (DLSA) and jail authorities for failing to ensure the petitioner’s release, stating that the inaction had effectively turned pre-trial detention into punishment.
The petitioner, accused of offenses carrying a maximum sentence of five years, had already spent four years, one month, and 20 days in custody. The court noted that despite the complaint being filed in 2022, the trial had yet to begin.
‘Justice System Cannot Price Out Liberty’
Justice Brar expressed concern over the stringent bail conditions imposed by the lower court, which included two surety bonds of ₹1.10 crore each and a ₹55 lakh bank guarantee.
“A surety bond of such exorbitant value cannot be deemed reasonable in good conscience, as it effectively places a monetary price on liberty,” the court observed, holding that such conditions violated the fundamental right to personal liberty under Article 21 of the Constitution.
Bail, the court asserted, is meant to secure an accused person’s presence at trial, not to deny their freedom. The judge reiterated that judicial custody is preventive, not punitive, and that detention should only be a last resort.
Authorities Pulled Up for Apathy
The court also rebuked the DLSA for failing to assist the petitioner in securing his release or preparing a socio-economic report for bail relaxation. The jail authorities were similarly admonished for not informing the court of the petitioner’s eligibility for release under Section 479 of the Bharatiya Nyaya Sanhita (BNSS).
“The petitioner has been condemned unheard, languishing in custody for over four years without even the framing of charges. This is a stark negation of his fundamental right to a fair trial,” the court remarked.
Referring to the Supreme Court ruling in Re: Policy Strategy for Grant of Bail, Justice Brar reaffirmed that default bail is not just a statutory entitlement but a fundamental right under Article 21.
“The fundamental right to life and personal liberty cannot be reduced to a privilege dependent on financial capacity,” the court stated, ordering the petitioner’s release on bail upon furnishing bonds worth ₹50,000 with one surety of the same amount.
