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Prisons Are For Punishing Convicts, Not For Detaining Undertrials In Order To 'Send Message To Society': Delhi HC Holds While Granting Bail To Delhi Riots Accused https://www.livelaw.in/news-updates/prisons-are-for-punishing-convicts-not-for-detaining-undertrials-in-order-to-send-message-to-society-157656
The remit of the court is to dispense justice in accordance with law, not to send messages to society: Delhi HC
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It is this sentiment, whereby the State demands that undertrials be kept in prison inordinately without any purpose, that leads to overcrowding of jails : Delhi HC
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2/2 and leaves undertrials with the inevitable impression that they are being punished even before trial and therefore being treated unfairly by the system.
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If at the end of a protracted trial, the prosecution is unable to bring home guilt, the State cannot give back to the accused the years of valuable life lost in prison:Justice Anup Jairam Bhambhani
https://www.livelaw.in/news-updates/prisons-are-for-punishing-convicts-not-for-detaining-undertrials-in-order-to-send-message-to-society-157656
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https://www.livelaw.in/news-updates/prisons-are-for-punishing-convicts-not-for-detaining-undertrials-in-order-to-send-message-to-society-157656
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#DelhiRiots
On the other hand, an accused would of course be made to undergo his sentence after it has been awarded, after trial.
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While ordinarily this court would not have entered upon any discussion on the evidence at the stage of considering bail, however here is a case where a purported unlawful assembly of some 250-300 persons is alleged to have committed offences;
In this peculiar circumstance, this court was compelled to sift the evidence only prima-facie and limited to cursorily assessing how the police have identified the applicant from that large assembly of persons
This court is conscious that ‘judicial custody’ is the custody of the court ; and the court will be loathe to depriving a person of his liberty, in the court’s name, on the mere ipse-dixit of the State, when it finds no substantial basis or reason for doing so: Delhi HC
