Can’t punish a person who hasn’t been convicted: Court on Brij

INSUBCONTINENT EXCLUSIVE:
NEW DELHI: Granting bail to former Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh, a Delhi court has observed that
which he has not been convicted.The court of additional chief metropolitan magistrate Harjeet Singh Jaspal had on Thursday granted bail to
Singh and another accused in the case related to allegations of sexual harassment by six wrestlers.The court said in its order that the law
of the land was equal for all and cannot tilt in favour of the victims or the accused
In my view, the seriousness of the allegations, no doubt, is one of the relevant considerations while considering bail applications but it
is not the only test or factor to decide the same
observations of Supreme Court in a case
from the question of prevention being the object of refusal of bail, one must not lose sight of the fact that any imprisonment before
conviction has a substantial punitive content and it would be improper for any court to refuse bail as a mark of disapproval of former
conduct whether the accused has been convicted for it or not or to refuse bail to an un-convicted person for the purpose of giving him a
would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of
any matter, upon which he has not been convicted, or that in any circumstances, he should be deprived of his liberty upon only the belief
has been laid down and abundantly reiterated by the higher courts in many judicial pronouncements, that the object of bail is to secure the
nor preventative
Deprivation of liberty must be considered a punishment unless it can be required to ensure that an accused person will stand his trial when
are abusing their positions or are making attempts to tamper with evidence
What has been conveyed is that sufficient conditions must be imposed to the extent that the accused persons do not, directly or indirectly,
CBI (case), further praying that if bail was granted, conditions be imposed to ensure that the accused do not influence the
victims/witnesses.