Strengthening justice or delivering injustice?

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Uday Deb

On March 27, 2023, Punjab & Haryana High Court Justice Anoop Chitkara in a case, Jaswinder Singh v. State of Punjab, rejected bail where apparently the petitioner and accomplices violently attacked and killed a person. The accused also had a criminal history. Justice Chitkara observed: “When the offense is heinous and the crime is brutal, cruelty becomes one of the factors in granting or refusing bail.

Such rationale and an order to that effect wouldn’t normally cause…

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