The Punjab and Haryana High Court, in a significant ruling, emphasized that “pre-conviction detention should not become punishment without trial” while granting bail to Jatinder Singh, accused of setting a woman, Kuldeep Kaur, on fire in a sensational 2019 murder case. Justice N.S. Shekhawat, presiding over the matter, granted regular bail to Singh after considering the prolonged incarceration and the slow pace of the trial.
Background of the Case
The case pertains to FIR No. 122, registered on August 21, 2019, under Section 302 of the Indian Penal Code at Police Station City Sangrur, Punjab. The FIR was based on the dying declaration of Kuldeep Kaur, who alleged that Jatinder Singh forced her to visit his house under threat of revealing their relationship to her family. Upon her arrival, Singh allegedly poured petrol on her and set her ablaze.
Kuldeep Kaur, aged 26, succumbed to her injuries shortly after her statement was recorded before Judicial Magistrate Simran Singh. Her declaration, validated by medical officers, became the cornerstone of the prosecution’s case.
Legal Issues and Arguments
1. Credibility of the Dying Declaration:
The defense, represented by advocate Sparsh Chhibber, argued that Kuldeep Kaur’s dying declaration was tutored and made under the influence of her mother, PW1 Paramjeet Kaur, who had accompanied her during her treatment. They contended there was no prior enmity or motive for Singh to commit such a crime.
2. Right to a Speedy Trial:
The defense further highlighted that Singh had been in custody since August 22, 2019, and out of 23 prosecution witnesses, only six had been examined in five years. Citing the Supreme Court’s judgments on the right to a speedy trial as part of Article 21 of the Constitution, they argued that Singh’s prolonged incarceration amounted to punitive detention without conviction.
3. Prosecution’s Stand:
Deputy Advocate General M.S. Bajwa opposed the bail plea, asserting that sufficient incriminating evidence had been collected and that the accused was the main perpetrator.
Court’s Observations and Decision
Justice N.S. Shekhawat underscored the principle that “personal liberty is too precious a value of our constitutional system to be casually negated.” The court noted that incarceration before conviction should not serve as punishment, especially when trials are unduly delayed.
The court referred to the Supreme Court’s rulings, emphasizing that:
– Bail is not punitive but serves to ensure the accused’s presence at trial.
– The accused should not be punished before being proven guilty.
The judgment quoted Justice V.R. Krishna Iyer’s landmark observation: “If public justice is to be promoted, mechanical detention should be demoted.”
Considering the lengthy detention, the incomplete trial, and the constitutional guarantee of personal liberty, the court allowed the bail plea with stringent conditions:
1. Singh must report to the police twice monthly.
2. He should not influence witnesses or disrupt court proceedings.
3. Singh must surrender his passport and provide sureties as required by the trial court.
