Bail is Rule and Jail an Exception

Recently, the Punjab and Haryana High Court was pulled up by the apex court for not hearing a bail application for over a year. This is a deprivation of liberty, leaving the accused to languish in jail for years

- Lokendra Malik

The right to speedy trial is recognised an essential part of an accused’s fundamental rights and the courts are mandated to implement it in the trial. But, still, there is delay in disposal of bail applications.

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 accused has a right to a hearing of his application for bail. In fact, the denial of hearing is an infringement of right and liberty assured to an accused.” This was the observation of a two-judge bench of the Supreme Court, comprising Justices Hemant Gup ta and Justice V Ramasubramanian. They were hearing a special leave petition recently against an interim order passed by the High Court of Punjab and Haryana, where the request for hearing a bail application under Section 439 of the Criminal Procedure Code, pending since February 2020, was declined.