Bail meant to help accused reintegrate into society: HC

The Punjab and Haryana High Court has held that a key consideration while granting bail is to provide the accused an opportunity to reform, correct course, and reintegrate into society as a responsible citizen. Traditionally, bail has been seen as a mechanism to balance the individual’s liberty with the interests of justice—a way to prevent absconding or interference with investigation. The observation marks a departure from the conventional view of bail as merely a procedural safeguard meant to ensure the accused’s presence during trial.

“The significant consideration for granting bail is that the court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen,” Justice Anoop Chitkara said, while granting conditional bail to a director of real estate company accused of cheating, misappropriation and violating the provisions of the Haryana Development and Regulation of Urban Areas Act.

As per the investigation, the petitioner, along with other directors, opened bookings for a housing project without obtaining a licence or approval of building plans, thereby receiving earnest money from investors and depriving them of their hard-earned savings.

The court said “sufficient prima facie evidence connecting the petitioner with the alleged crime.” However, the judge emphasised that “pre-trial incarceration should not be a replica of post-conviction sentencing.”

Reinforcing the principle that bail serves a larger constitutional purpose, the court said, “The law of bail, like any other branch of law, has its own philosophy and occupies an important place in the administration of justice.”

It noted that delay in trial was an important factor that courts must weigh while deciding bail pleas. “Often this takes several years, and if the accused is denied bail, but is ultimately acquitted, who will restore so many years of his life spent in custody? Is Article 21 of the Constitution, which is the most basic of all fundamental rights, not violated in such a case?” the judgment asked.

To ensure that liberty was not misused, the court made the bail conditional. “This bail is conditional, with the foundational condition being that if the petitioner repeats the offence or commits any non-bailable offence which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the court concerned having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail,” the court said.