Supreme Court on Bail

Source- This post on the Supreme Court on Bail has been create based on “Bail cannot be withheld as a form of punishment, says SC” published in “The Hindu” on 8 July 2024.

Recently, the Supreme Court has held that the right to bail of an accused cannot be withheld as a punishment irrespective of the nature of the crime.

Fundamental Right to Bail

1. Right to Bail: The Supreme Court has declared that the right to bail cannot be withheld as a form of punishment, irrespective of the crime’s nature.

2. Refusal to grant bail is considered an unjust punishment, leading to the “prisonisation” of an accused, who remains innocent until proven guilty.

3. Speedy Trial and Article 21: The right to a speedy trial is a fundamental right under Article 21 of the Constitution, applicable regardless of the crime’s severity.  The court emphasized that if the state, prosecution agencies, or courts lack the capability to ensure a speedy trial, they should not withhold bail based on the seriousness of the alleged crime.

4. The Supreme Court reiterated that bail should not be withheld as a punishment. The court underscored that the seriousness of the crime should not override the fundamental right to a speedy trial.

UPSC Syllabus: Polity and nation