SUPREME COURT: BAIL CANNOT BE DENIED ON THE GROUND THAT TRIAL IS EXPEDITED

The Supreme Court in the case Rup Bahadur Magar @ Sanki@ Rabin v.State of West Bengal observed and has emphasized that bail cannot be rejected merely on the ground that the trial will be expedited.

The bench comprising of Justice Abhay Oka and Justice Augustine George Masih in the case observed and has issued notice in an SLP by a dacoity accused challenging the decision of Calcutta High Court to reject his bail plea but expedite the trial.

The Supreme Court in the case noted that despite the Constitution Bench judgment in the case of High Court Bar Association v.

State of UP, wherein the court held that the High Court and the Supreme Court should not fix a time-bound schedule for the completion of trials, thus, several High Courts continue to do so after denying bail.

The court in its order stated that, 'In the case of High Court Bar Association, Allahabad v. State of UP and Ors.., the Constitution bench of this court has taken a view that as a matter of rule High Court or for that matter this court should not fix time bound schedule for conduct of a case and said approach can be adopted only in exceptional cases.