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Accused cannot be kept in custody only on a HUNCH that he will Impede trial or send a message to the society : DELHI HC.

The Delhi High Court has stated that the personal liberty of an accused person cannot be curtailed by denying him bail merely on the basis of the investigation agencies hunch that he will interfere with administration.

“Nowhere does the law state that an accused, yet to be tried , is to be kept in custody only on a hunch or a presumption that he will impede the trial , or send any message to the society. If anything the only message that goes out to the society by keeping an accused in prison before finding him guilty is that our system works only on impressions and conjectures and can keep an accused in custody even on a presumption of being guilty , the single judge bench of Justice Anup Jairam Bhambhani observed.

The remarks were made while allowing the bail plea of Fortis healthcare promoter , Shivinder Mohan Singh in a money laundering case. The bench has directed the authorities to release Singh on bail on his furnishing a personal bond of ₹1 crore and two sureties of ₹25 lakhs.

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