‘Justice doubted when cases languish’: Punjab and Haryana High Court refuses bail, expedites trial in spurious liquor case

Justice Sumeet Goel observed that procedural delay erodes public confidence in the judiciary.

The accused in the case had been booked under sections 328 (causing hurt by means of poison, etc), 302 (murder), 307 (attempt to murder), 201 (causing disappearance of evidence) and 120B (criminal conspiracy) of the Indian Penal Code (IPC), along with provisions of the Punjab Excise Act.

What was the case?

• According to the prosecution, the case arose after the police received information on November 9, 2023, about the death of a man after allegedly consuming spurious country-made liquor.
• The deceased’s son later gave a statement to the police alleging that his father had consumed country-made liquor that was allegedly purchased from certain persons, including the accused.
• It was claimed that the liquor was poisonous and its consumption led to the man’s death.
• During the investigation, the police alleged that the accused was part of a larger conspiracy involving the manufacture and distribution of spurious liquor.
• The prosecution maintained that the offence was grave as it involved public safety and had fatal consequences.

Arguments

• The counsel for the petitioner sought bail, arguing that the accused had been in custody for a significant period and that the trial was likely to take time.
• The counsel argued that out of the 107 prosecution witnesses cited, not even a single witness has been examined.
• The state opposed the plea, contending that the allegations were serious since the case related to the supply of spurious liquor which resulted in a death.

Court’s observations

• The grant of bail falls within the discretionary domain of the court, but such discretion must be exercised in a judicious and principled manner, ensuring it aligns with established legal precedents and the interests of justice.
• While considering a bail application, the court must evaluate factors such as the existence of prima facie evidence implicating the accused, the nature and gravity of the alleged offence and the severity of the likely sentence upon conviction.
• The court must also assess the likelihood of the accused absconding or evading the due process of law, the probability of the offence being repeated, and any reasonable apprehension of the accused tampering with evidence or influencing witnesses.
• Additionally, the character, antecedents, financial means, societal standing, and overall conduct of the accused play a crucial role.
• Furthermore, the court must weigh the potential danger of bail undermining the administration of justice or thwarting its due course.

• The allegations in the present case pertain to an incident involving the manufacture and circulation of illicit liquor, leading to loss of life, which is a matter of serious concern.
• The prosecution’s case, prima facie, indicates the existence of a conspiracy involving multiple persons engaged in the supply and use of alcohol for the preparation of the spurious liquor.
• At this stage, it cannot be said that the role attributed to the petitioner is insignificant. The prosecution case specifically alleges that involvement of the petitioner surfaced during investigation on the basis of material collected subsequently.
• The petitioner does not deserve the concession of bail in the facts of the case.

‘Speedy trial’

• Under the umbrella of Article 21 (protection of life and liberty) of the Constitution, the right to a speedy trial is recognised as an indispensable facet.
• The pre-trial incarceration must not, by mere flux of time, be permitted to assume the character of punishment, as the state cannot be allowed to achieve through procedural delay what it has not yet achieved through a verdict of guilt.
• The court below is directed to make earnest endeavours to expedite the trial and conclude the same as expeditiously as possible, preferably within a period of one year. If needed, the trial court can adopt the procedure of day-to-day trial.