The Supreme court declared that the right to apply for bail is an individual’s right implicit in articles 14,19 and 21

By- Rhytham Jain

In the recent controversial judgment of the Rajasthan high court single judge bench which declared to not list the applications of bail and suspension of sentence as an urgent matter of concern in the lockdown time period, the supreme court of India showed its disapproval of their judgment and observed that right to apply for bail is an individual right implicit in article 14,19,21 of Indian constitution. The court has observed that such a blanket ban set by Rajasthan high court would suspend fundamental rights of individuals and block access for seekers of liberty to apply for bail. The orders of the Rajasthan high court were challenged before the supreme court and for that order, the supreme court said that such an order pronounced by a single-judge bench of the Rajasthan high court has the effect of temporarily eclipsing statutory provisions.

While noticing that the blanket orders of the Single judge bench were passed without any compliance of procedure established by the law, the bench said that it is also an infringement upon the right of personal liberty of an incarcerated person. The bench said such right has been snatched away by the court orders without following the due procedure established by law which in our constitutional jurisprudence is akin to the due process dictum. The Supreme court said that right to apply for bail is an individual right implicit in articles 14,19 and 21 of the Indian constitution. The court further observed that the right of an accused an undertrial prisoner or any convicted man who is waiting to seek bail for suspension of his/her sentence is recognized or given in section 439,438,389 of CRPC.

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