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.
Why in the news?
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.
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