Declining To Hear Bail Application Is An Infringement Of Right And Liberty Of Accused: SC

Declining To Hear Bail Application Is An Infringement Of Right And Liberty Of Accused: SC

The instant Special Leave Petition is against the order of the Hon’ble High Court of Punjab & Haryana at Chandigarh whereby the request for hearing bail application under section 439 of Code of Criminal Procedure, 1973 (hereinafter referred as “Cr. P.C”) which is pending before said high court since 28.02.2020, was declined.

The Hon’ble division bench comprising of Hon’ble  Justice  Hemant Guptha and Hon’ble  Justice V. Ramasubramaniam expressing their concern to see the bail application under Section 439 Cr. P.C, 1973 is not being listed for hearing for more than one year held that denial of hearing of bail application is a denial of right and liberty of an accused.

It is noted by the Hon’ble court that when all Hon’ble Courts are making attempts to hear and decide all matter, the non-listing of such an application for bail defeats the administration of justice. 

It is further noted that at least half of the judges should sit on alternative days so that hearing is accorded to the person in distress in the prevailing situation.

 It is further observed by Hon’ble Bench that Non-listing of application for regular bail, irrespective of seriousness or lack thereof, of the offenses attributed to the accused, impinges upon the liberty of the person in custody.

Tejaswi Goda
I'm Tejaswi Goda pursuing a B.A.LL.B course from the University College of Law, Osmania University. My subjects of interests are Human rights law, Constitutional law, Property laws, Criminal laws, Environment laws. Grabbing information, Researching and writing are activities which I'm most interested in. Reading books is my most favourite hobby. Above all working for climate change management is most prominent for me.