MP HC | Prolonged pre-trial detention is an anathema to the concept of liberty

Madhya Pradesh High Court: The Bench of S.A. Dharmadhikari, J. allowed the bail application of an accused whose two previous bail applications had been dismissed on merit.

The applicant was accused of committing offence under Sections 457 and 380 of the Penal Code, 1860. Two bail applications filed by him had been repeatedly dismissed on merits. It was argued by him that he had been kept in custody since May, 2018 but charges against him had not yet been framed and there was a huge delay in the trial. Applicant submitted that his co-accused had been released on bail and thus only he cannot be kept in jail for an indefinite period.

The respondent submitted that no case for grant of bail was made out because as many as twelve criminal cases were pending against the applicant. Applicant’s counter was that out of these twelve cases, he had been acquitted in eight cases whereas four cases were pending in trial.

The Court noted observed that prolonged pre-trial detention is an anathema to the concept of liberty and allowed the applicant to be released on bail subject to furnishing a personal bond of Rs 1 lakh.[Dharampal Pardi v. State of MP, 2019 SCC OnLine MP 34, Order dated 07-01-2019]

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