SC decision on Bail

Source- This post on the SC decision on Bail has been created based on the article “Bail cannot be denied on ground of serious charges: SC” published in “The Hindu” on 22 July 2024.

The Supreme Court has emphasized that the seriousness of charges alone is not a sufficient ground to deny bail to undertrials. Courts must avoid imposing arbitrary and unreasonable bail conditions.

Key Judgments:

i) Personal Liberty vs. Serious Charges: The court upheld the importance of an individual’s personal liberty over the state’s argument against easy bail for serious crimes.

ii) Balance of Factors: The seriousness of charges must be balanced with other factors such as the period of custody and the expected duration for trial completion.

iii) Right to Speedy Trial: The undertrial’s fundamental right to a speedy trial must be respected.

iv) Prosecution Responsibility: The prosecution must ensure that trials for serious offenses are concluded expeditiously.

Related Judgments:  On July 3, the same Bench ruled that the state should not oppose bail if it cannot ensure a speedy trial. This ruling was in response to an appeal by Javed Gulam Nabi Shaikh, who was denied bail in a UAPA case by the Bombay High Court.

Constitutional Rights: The Bench reinforced that Article 21 of the Constitution, which ensures the right to personal liberty, applies regardless of the nature of the crime.

UPSC Syllabus: Polity and nation