Axxxxx v. State Of Ut Chandigarh
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.6 .& -.-5 This factor, in the opinion of this Court, is a ground to move for bail afresh. The Hon'ble Apex Court has observed in a catena of cases that an accused cannot be kept in custody for an indefinite period of time, and the bail application can be considered on its own merits even if it is filed repeatedly. It has also been held that every day spent in custody can provide a new cause of action for filing a bail application under certain circumstances. This principle is a part of the broader approach emphasizing that law prefers bail over jail, aiming to balance the rights of the accused with the requirements of the criminal justice system. Prolonged detention itself is a ground for reconsideration of bail since the settled principle of law is that detention prior to trial should not become punitive. $ $, $* , ;
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$ 1 1$ Taking into consideration the nature of the subject offences, the period spent by the petitioner in custody and the attendant facts and circumstances of the case but without meaning to make any comment upon the merits thereof, this Court is of the considered opinion that the petition deserves to be allowed. Accordingly, the same is allowed and the petitioner is
-4ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/ Duty Magistrate concerned.
7.
Since the main petition has already been disposed of, pending application, if any, is rendered infructuous.
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