The single bench of Punjab and Haryana High Court headed by justice Anoop Chitkara granted anticipatory bail to 80-year-old Ludhiana man, accused in a case of cheating and forgery registered last in February.

“Mere existence in confinement seems more challenging than living without special arrangements and the psychological support of family members for such persons. Thus, would it be justifiable to deny bail to a centenarian, nonagenarian, or octogenarian? It can have just one answer: A thunderous no anywhere globally,” the court said.

“The only exceptions are extreme perversity, highly heinous crimes, mass slaughters, or recidivists who refuse to mend their ways to blend with the community without disrupting the social order,” it added.

In the case in hand, the argument for anticipatory bail was that he was a first-time offender and due to old age, he has developed several health problems.

“Denying bail to people over a particular age is hazardous and there is a need to be sensitised about the sufferings associated with old age, realising that sending these older people to jails or prisons serves no purpose whatsoever,” the bench said, taking note of these special circumstances.

The Court further held, the said matter, however, would not, in any manner, limit or restrict the rights of the police or the investigating agency from probe. It imposed certain conditions, including that he would join the probe within seven days and give details of his assets and bank accounts etc to the police. The court also made it clear that in case conditions imposed are violated by the senior citizen, the police could move an application for cancellation of the bail.

The court quoted the National Crime Records Bureau (NCRB) data and said that as per the latest World Development Indicators, the life expectancy at birth for an Indian resident averages 69.887 years.