In Brief
An accused person was charged with cheating, criminal breach of trust, and issuing a dishonoured cheque. Although not arrested during investigations, he was remanded to judicial custody after a chargesheet was filed. The trial court and High Court rejected his bail applications. The Supreme Court allowed his appeal, holding that when an investigating officer does not arrest an accused during investigations and there is no evidence of absconding or witness tampering, bail should generally be granted. The Court emphasized that bail is the rule and incarceration the exception, rooted in the presumption of innocence and human dignity principles under Article 21 of the Constitution.
The lawyer headnote and full judgment text are available to registered users.