Punjab: HC grants bail to 76-year-old prisoner over ‘inept’ prison system
The court was dealing with the bail plea of Sukhchain Singh from Punjab’s Ferozepur, nominated as an accused in a drugs case in October 2022, he was arrested later.
The Punjab and Haryana high court has granted bail to a 76-year-old drugs case accused observing that prolonged incarceration at this age could be life threatening given the condition of prisons.
“An older adult is stricken with degenerative physiological changes, cognitive decline, problems in dexterity and mobility, and is burdened with increased dependency. Such individuals, who belong to a higher age bracket, usually tend to require extra support and assistance even to manage menial tasks of daily living, including but not limited to self-care. Even a minor health issue in late life has the potential to turn into a life-threatening catastrophe,” the bench of justice Anoop Chitkara observed.
The court was dealing with the bail plea of Sukhchain Singh from Punjab’s Ferozepur, nominated as an accused in a drugs case in October 2022, he was arrested later.
Around 140kg poppy pods and 50,000 intoxicating tablets of Tramadol were recovered from the vehicle of Singh. At the time of seizure, the accused was not present in the vehicle, but the police had claimed his involvement in the case.
The quantity allegedly involved in this case is commercial. Hence, bail is barred. Given this, the rigors of Section 37 of the NDPS Act ought to apply as per which before the petitioner is granted bail the court must have “reasonable grounds” for believing that the accused is “not guilty” of the offence and is unlikely to repeat the crime. The second condition is that an opportunity is granted to the public prosecutor to oppose the bail.
The high court besides taking note of evidence of the case observed that another reason to consider bail in his case was his age and very few states provide special treatment or facilities for old age prisoners.
“Justice is not a plain and simple concept, it is muddled with complexities and requires adequate consideration of various factors. ‘Age,’ as a consideration, has always assumed significant importance in our criminal justice system,” the high court recorded adding that prison systems are riddled with certain prejudices and may be inept in dealing with such grave contingencies immediately.
“The inherent stressors that plague our prison systems may negatively impact the quality of life and add unnecessary and substantial distress to both physical and psychological well-being of an octogenarian. Though sentencing policies are based on deterrence and retribution, their ultimate objective is reformation to establish a healthy and civil society. All these goals fall short while dealing with a person already standing on his last legs, which is a harsh but ultimate truth and garners respect and compassion on these core humanitarian grounds,” the high court said allowing bail.