oppn parties Not Hearing Bail Pleas In Time Defeats The Administration Of Justice

Story Of The Day

Assessee Not Responsible For Ensuring TDS Is Paid To The Government: Delhi HC
OPINIONS : Strongly Expressed

January 22, 2025

People Are Talking About

Rohit Warns Sarfaraz, Police Use It To Warn Two-Wheeler Riders

News Snippets

  • Sikh extremists attacked a cinema hall in London that was playing Kangana Ranaut's controversial film 'Emergency'
  • A Delhi court directed the investigating agencies to senstize officers to collect nail clippings, fingernail scrappings or finger swab in order to get DNA profile as direct evidence of sexual attack is often not present and might result in an offender going scot free
  • Uniform Civil Code rules cleared by state cabinet, likely to be implemented in the next 10 days
  • Supreme Court reiterates that there is no point in arresting the accused after the chargesheet has been filed and the investigation is complete
  • Kolkata court sentences Sanjoy Roy, the sole accused in the R G Kar rape-murder case, to life term. West Bengal government and CBI to appeal in HC for the death penalty
  • Supreme Court stays criminal defamation case against Rahul Gandhi for his remarks against home minister Amit Shah in Jharkhand during the AICC plenary session
  • Government reviews import basket to align it with the policies of the Trump administration
  • NCLT orders liquidation of GoAir airlines
  • Archery - Indian archers bagged 2 silver in Nimes Archery tournament in France
  • Stocks make impressive gain on Monday - Sensex adds 454 points to 77073 and Nifty 141 points to 23344
  • D Gukesh draws with Fabiano Caruana in the Tata Steel chess tournament in the Netherlands
  • Women's U-19 T20 WC - In a stunning game, debutants Nigeria beat New Zealand by 2 runs
  • Rohit Sharma to play under Ajinkye Rahane in Mumbai's Ranji match against J&K
  • Virat Kohli to play in Delhi's last group Ranji trophy match against Saurashtra. This will be his first Ranji match in 12 years
  • The toll in the Rajouri mystery illness case rose to 17 even as the Centre sent a team to study the situation
Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
oppn parties
Not Hearing Bail Pleas In Time Defeats The Administration Of Justice

By Linus Garg
First publised on 2021-06-17 11:11:09

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

The Supreme Court heard a case where the regular bail application of an accused in the Punjab and Haryana High Court was not listed for hearing for over a year. The apex court was expressed shock at this denial and said that it amounted to infringement on the rights and liberty guaranteed to the accused. The court was of the view that timely hearing must be granted in such cases even during the pandemic. The accused had approached the apex court after an appeal for an early hearing was rejected by the High Court.

Saying that "normally, we do not interfere with an interim order passed by the high court but we are constrained to pass the present order as we are shocked to see that the bail application under Section 439 CrPC is not being listed for hearing for more than one year", the court directed the High Court registrar general to bring this order to the notice of the "competent authority to take remedial steps at the earliest." The Supreme Court hoped that the high court would take up the hearing at an early date.

The Supreme Court has always said that "bail, not jail" should be the thumb rule in most cases. But if courts do not take up the bail plea, this rule is not fulfilled. The accused has to remain in jail without a hearing and this definitely infringes his rights, as the Supreme Court has rightly pointed out. The apex court also said that "even during the pandemic, when all courts are making attempts to hear and decide all matters, the non-listing of such an application of bail defeats the administration of justice". The High Courts and the lower courts must pay heed. 

Other Stories You Make Like

Editorials

Turmoil In Mollywood

Turmoil In Mollywood

NDA 3.0: Coalition Dharma

NDA 3.0: Coalition Dharma

In Depth

Supreme Court Gets Strict On Child Pornography

Supreme Court Gets Strict On Child Pornography

Editor's Pick

Budapest Chess Olympiad: India Are World Team Champions

Budapest Chess Olympiad: India Are World Team Champions
© 2014 India Commentary. All rights reserved.