New Delhi [India], Criminals are not born but made, the Supreme Court recently noted while recognizing various factors responsible for the criminal committing the crime.
A bench of Justices JB Pardiwala and Ujjal Bhuyan made these comments on July 3 while hearing the bail plea of an accused whose trial has been on hold for the last four years.
"Criminals are not born, but made," the high court stated. He further added that the human potential in every person is good and therefore never dismiss any criminal as being beyond redemption. "This humanistic foundation is often overlooked when dealing with criminals, both juveniles and adults," the court stated.
"Indeed, every saint has a past and every sinner a future," the court said in its July 3 order.
"When a crime is committed, a variety of factors are responsible for the offender committing the crime," the court noted in its order, saying that "those factors may be social and economic, may be the result of value erosion or parental negligence. ; It may be due to the strain of circumstances or it may be the manifestation of temptations in an environment of opulence in contrast to destitution or other deprivation."
These statements were part of the high court's order granting bail to an accused in connection with a currency counterfeiting case.
The man has knocked on the door of the Supreme Court, challenging the Bombay High Court order dated February 5, 2024, whereby the High Court refused to release the appellant on bail.
The high court noted that the appellant since his arrest on February 9, 2020 has been detained for the last four years.
"We wonder in what period the trial will finally conclude," the top court expressed concern and stated that "Article 21 of the Constitution applies regardless of the nature of the crime."
"No matter how serious a crime is, an accused has the right to a speedy trial as enshrined in the Constitution of India. Over time, trial courts and High Courts have forgotten a well-established legal principle that bail is not to be withheld as punishment," the court said.
"If the State or any prosecuting body, including the court concerned, does not have the means to guarantee or protect the fundamental right of an accused to have a speedy trial enshrined in Article 21 of the Constitution, then the State or any other prosecution body shall not oppose the bail application on the ground that the offense committed is serious," the top court said.
"It could be said that the accused's right to a speedy trial has been violated, thus violating Article 21 of the Constitution," said the highest court, which granted the man bail on the condition that he does not leave the boundaries. of Mumbai city and will mark his presence at the concerned NIA office or police station once in a fortnight.
The man was arrested with a bag containing 1,193 fake Indian notes with a denomination of Rs 2,000 from Andheri in Mumbai in February 2020. The investigation agency alleged that the fake notes were smuggled from Pakistan to Mumbai. The high court noted that two other co-accused in the case were out on bail.
A bench of Justices JB Pardiwala and Ujjal Bhuyan made these comments on July 3 while hearing the bail plea of an accused whose trial has been on hold for the last four years.
"Criminals are not born, but made," the high court stated. He further added that the human potential in every person is good and therefore never dismiss any criminal as being beyond redemption. "This humanistic foundation is often overlooked when dealing with criminals, both juveniles and adults," the court stated.
"Indeed, every saint has a past and every sinner a future," the court said in its July 3 order.
"When a crime is committed, a variety of factors are responsible for the offender committing the crime," the court noted in its order, saying that "those factors may be social and economic, may be the result of value erosion or parental negligence. ; It may be due to the strain of circumstances or it may be the manifestation of temptations in an environment of opulence in contrast to destitution or other deprivation."
These statements were part of the high court's order granting bail to an accused in connection with a currency counterfeiting case.
The man has knocked on the door of the Supreme Court, challenging the Bombay High Court order dated February 5, 2024, whereby the High Court refused to release the appellant on bail.
The high court noted that the appellant since his arrest on February 9, 2020 has been detained for the last four years.
"We wonder in what period the trial will finally conclude," the top court expressed concern and stated that "Article 21 of the Constitution applies regardless of the nature of the crime."
"No matter how serious a crime is, an accused has the right to a speedy trial as enshrined in the Constitution of India. Over time, trial courts and High Courts have forgotten a well-established legal principle that bail is not to be withheld as punishment," the court said.
"If the State or any prosecuting body, including the court concerned, does not have the means to guarantee or protect the fundamental right of an accused to have a speedy trial enshrined in Article 21 of the Constitution, then the State or any other prosecution body shall not oppose the bail application on the ground that the offense committed is serious," the top court said.
"It could be said that the accused's right to a speedy trial has been violated, thus violating Article 21 of the Constitution," said the highest court, which granted the man bail on the condition that he does not leave the boundaries. of Mumbai city and will mark his presence at the concerned NIA office or police station once in a fortnight.
The man was arrested with a bag containing 1,193 fake Indian notes with a denomination of Rs 2,000 from Andheri in Mumbai in February 2020. The investigation agency alleged that the fake notes were smuggled from Pakistan to Mumbai. The high court noted that two other co-accused in the case were out on bail.
