Prisons Are For Punishing Convicts, Not For Detaining Undertrials In Order To & #39;Send Message To Society& #39;: 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">https://www.livelaw.in/news-upda...
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
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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