Court Emphasizes "Bail is the Rule and Jail is the Exception" Despite Serious Charges Including Under Section 111 of BNSS
In a significant legal development, the Jammu and Kashmir High Court, under the jurisdiction of Justice Sanjay Dhar, has granted bail to Mohammad Iqbal Wani, accused of serious economic offences under various sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This decision highlights the court's adherence to the principle that "bail is the rule and jail is the exception," as reiterated in numerous Supreme Court judgments.
The petitioner, Mohammad Iqbal Wani, was accused of defrauding a complainant by promising the sale of wild garlic and accepting substantial payments without delivering the promised goods. The charges against him included offenses under Sections 61, 111, 318(4), and 351(2) of the BNSS, with the investigation revealing a pattern of fraudulent activities involving multiple firms and significant financial transactions.
Despite the gravity of the accusations, including charges that carry a potential life sentence, the court granted bail, noting that economic offenses do not automatically preclude the possibility of bail. The judgment cited Supreme Court precedents, emphasizing the importance of individual case assessment rather than a blanket denial of bail for economic offenses.
The court also addressed the allegations under Section 111 of BNSS, related to organized crime syndicates. While the determination of these charges is pending in separate petitions, the court found the petitioner's contention—that the requirements for the charges were not met—compelling enough to consider bail.
Justice Dhar pointed out that the investigation concerning Wani was complete, and further inquiries pertained to other individuals involved, reducing the risk of tampering with evidence or threatening witnesses. The petitioner has already spent over eight months in custody, further supporting his plea for bail.
The court's decision underscores a balanced approach, considering both the severity of the alleged crimes and the petitioner's right to liberty, aligning with the legal principle that pre-trial incarceration should not serve as de facto punishment.
Bottom line:-
Bail principles reaffirmed - Economic offences and charges under Section 111 of BNSS do not create an absolute bar to bail. Court emphasized "bail is the rule and jail is the exception," while balancing public interest and ongoing investigation.
Statutory provision(s): Section 483, 61, 111, 318(4), 351(2) of Bharatiya Nagarik Suraksha Sanhita, 2023
Mohammad Iqbal Wani v. Ut of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2891378
