HC: Bail guarantees right to fair trial for the accused

Kolkata: Setting aside a trial court order summoning a murder accused to answer why his bail should not be cancelled, Calcutta High Court Bail observed that bail is an essential element of any criminal justice system as it guarantees the right to a fair trial for the accused.

The bench of Justice Shampa Dutt (Paul) was moved by the petitioner who challenged the trial court order. The trial court had summoned the accused to answer why his bail shouldn’t be cancelled after materials on record against him revealed prima facie commission of offence under 302 IPC (murder).

The initial section under which the accused was charged is Section 306 IPC (abetment of suicide). The decision of the trial court was based on the fact that 302 IPC is a higher Section. The High Court bench noted that the accused was granted bail. The investigation has ended, cognizance was taken and trial has commenced. The court observed that there has been no prima facie violation of conditions of bail. The court found no observation that the accused misused his liberty by indulging in similar criminal activity or interfered with the course of trial, or attempted to tamper with evidence or witnesses. He is also not a flight risk.The bench observed: “As per the fundamental principle of the Universal Declaration of Human Rights a person is assumed to be innocent unless proven guilty.

Therefore, no one shall be deprived of personal liberty unless specified by a fair and just procedure. Bail is an essential element of any criminal justice system, as it guarantees the right to a fair trial for the accused. Bail is a mechanism that secures liberty to the accused without providing any unjustified benefit to them.” The trial judge was directed to proceed expeditiously with the trial.