Bail is not to be denied as punishment, SC reminds lower courts

In a significant ruling, the Supreme Court of India has expressed concern over the increasing trend among High Courts and Trial Courts of treating bail denial as a punitive measure.

A bench comprising Justices JB Pardiwala and Ujjal Bhuyan underscored the principle that bail is not to be withheld as a form of punishment.

The ruling came in response to an appeal for bail by a man accused under the Unlawful Activities Prevention Act (UAPA) for allegedly smuggling counterfeit currency from Pakistan. The bench granted bail to the accused, who had been incarcerated for four years without the commencement of his trial. Highlighting the right to a speedy trial guaranteed by the Constitution of India, the bench noted the gravity of the crime should not overshadow an accused’s fundamental rights.

Justice Pardiwala observed: “Over a period of time, the trial courts and the High Courts have forgotten a very well settled principle of law that bail is not to be withheld as a punishment.”