High Court Slams Pre-Arrest Bail Denial Based on Silence
The Punjab and Haryana High Court has delivered a significant ruling on pre-arrest bail applications. Justice Manisha Batra asserted that an accused’s refusal to make self-incriminating statements during an investigation cannot be construed as “non-cooperation”.
This refusal, the court clarified, does not justify the denial or withdrawal of pre-arrest bail. The judge’s observation underscores the importance of protecting an individual’s right against self-incrimination.
The High Court’s decision sets a crucial precedent, safeguarding the rights of the accused during investigations. This ruling will likely impact future cases involving pre-arrest bail applications across the state. The implications are far-reaching, ensuring fairer treatment for individuals facing criminal charges.