The Punjab and Haryana High Court has held that an accused can be granted bail when the trial is at its fag end, as the fear of tampering with prosecution witnesses — a routine ground for denying bail — no longer holds. The court made it clear that continued incarceration at such a stage is “significantly attenuated” and ceases to serve the foundational objectives of pre-trial detention.“As the prosecution evidence nears its fag end, the very premise for continued incarceration of the petitioner is significantly attenuated. The apprehension of the petitioner influencing or tampering with the prosecution witnesses, a common ground for denial of bail, is rendered largely moot in such circumstances,” Justice Sumeet Goel asserted.The ruling came as the HC granted bail to an accused arrested on July 12, 2022, in an attempt-to-murder case registered at a police station in Ludhiana. The final investigation report or challan was submitted on October 4, 2022. Out of nine prosecution witnesses, eight had already been examined; only one witness, a government doctor, remained.The Bench observed the primary rationale behind pre-trial custody, ensuring the integrity of the prosecution’s case and the accused’s presence at trial, substantially diminished once the evidentiary phase was virtually complete.The Bench added that the physical liberty of the accused became crucial at such a stage. “A person confined to custody faces considerable impediments in consulting with legal counsel, gathering defence witnesses, and preparing strategy. Denial of liberty at this advanced stage, when the prosecution’s evidentiary edifice is almost complete, can severely cripple the defence, thereby striking at the very root of a fair trial,” Justice Goel observed.
Can grant bail when trial at fag end: HC
