Narendra Singh & Anr vs State Of M.P on 12 April, 2004
Presumption of innocence is a human right. [See Narendra Singh and
Another Vs. State of M.P., (2004) 10 SCC 699, para 31] Article 21 in view
of its expansive meaning not only protects life and liberty but also envisages
a fair procedure. Liberty of a person should not ordinarily be interfered with
unless there exist cogent grounds therefor. Sub-Section (4) of Section 21
must be interpreted keeping in view the aforementioned salutary principles.
Giving an opportunity to the public prosecutor to oppose an application for
release of an accused appears to be reasonable restriction but Clause (b) of
Sub-section (4) of Section 31 must be given a proper meaning.
Does this statute require that before a person is released on bail, the
court, albeit prima facie, must come to the conclusion that he is not guilty of
such offence? Is it necessary for the Court to record such a finding? Would
there be any machinery available to the Court to ascertain that once the
accused is enlarged on bail, he would not commit any offence whatsoever?