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Bail Cannot Be Withheld as a Form of Punishment, Says SC

Context

The Supreme Court has ruled that the right to bail of an accused cannot be withheld as a punishment, regardless of the nature of the crime, emphasizing the fundamental right to a speedy trial under Article 21 of the Constitution.

Key Highlights of the Judgment

Fundamental Right to Bail: The Supreme Court underscored that an accused's right to bail cannot be denied as a form of punishment, regardless of the nature of the crime.
Article 21 of the Constitution: The court reiterated that Article 21, which guarantees the right to a speedy trial, must be upheld in all circumstances.
Case Example: The judgment came in response to an appeal by Javed Gulam Nabi Shaikh, who was denied bail by the Bombay High Court under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

Reason Behind the Judgment

Presumption of Innocence: Denial of bail results in the unjust "prisonisation" of an individual who is presumed innocent until proven guilty.
State Responsibility: If the state or prosecuting agency cannot ensure a speedy trial, they should not oppose bail based on the seriousness of the crime.
Prolonged Undertrial Detention: The court noted that Shaikh had been in prison for four years without the trial even reaching the stage of framing charges.

Impact of the Judgment

Reaffirmation of Legal Principles: The judgment reaffirms the principle that bail is not to be used as a punishment, ensuring the protection of fundamental rights.
Encouragement for Speedy Trials: It puts pressure on the state and prosecuting agencies to expedite trials and avoid unnecessary delays.
Human Rights Protection: The ruling highlights the importance of safeguarding the human rights of undertrial prisoners.

Required Measures

Legal Framework Strengthening: Ensure that the legal framework facilitates timely trials and the fair application of bail provisions.
Judicial Oversight: Enhance judicial oversight to prevent the misuse of bail denial as a form of punishment.
Resource Allocation: Allocate adequate resources to the judiciary and investigating agencies to expedite trials and reduce the backlog of cases.

Bail is a fundamental aspect of any criminal justice system and the practice of bail grew out of the need to safeguard the fundamental right to liberty.
The term bail has not been explicitly defined in Code of Criminal Procedure, 1973.
Sections 436 to 450 of the Code of Criminal Procedure, 1973 contains primary provisions relating to granting of bail and bonds.

Bailable vs Non-Bailable offences

In India’s legal system, the term offence has been categorised as bailable offences and non-bailable under the Code of Criminal Procedure (CrPC).
Bailable Offence: As per IPC Section 2(a), a bailable offence means an offence that is shown as bailable in the First Schedule.
Which is made bailable by any other law for the time being in force; ‘non-bailable offence’ means any other offence.
Non-bailable Offence: The term ‘non-bailable’ doesn’t imply that bail can’t be granted at all.
It simply means that the accused can’t claim it as a matter of their right at the time of the arrest or custody.
But they can approach the court when while they are under trial.
In non-bailable offences, it’s the court’s discretion to grant bail to the accused. And the same must be decided judiciously.

Mains Practice Question

Q: "Bail is a fundamental right of an accused person and should not be withheld as a form of punishment. Discuss in the context of recent Supreme Court judgments and the principles enshrined in the Indian Constitution."

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Bail Cannot Be Withheld as a Form of Punishment, Says SC

Key Highlights of the Judgment

Reason Behind the Judgment

Impact of the Judgment

Required Measures

Bailable vs Non-Bailable offences

Mains Practice Question

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