IndiaFreedom of the individual is important.. On bail applications, the Supreme Court...

Freedom of the individual is important.. On bail applications, the Supreme Court said a big thing


New Delhi
The Supreme Court has said that the liberty of the individual is ‘important’ and the bail application should be heard as early as possible. The top court said that no limit can be fixed for applications for pre-arrest and post-arrest bail applications, but at least it can be hoped that such applications are heard at the earliest.

A bench of Justices Ajay Rastogi and AS Oka made the observation while disposing of a petition filed by an accused, who was detained in March this year, in connection with a case registered in Punjab’s Patiala district. In this petition, the apex court has been requested that his application for bail is pending before the Punjab and Haryana High Court, which should be heard expeditiously.

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The Bench requested the High Court to consider the bail application of the petitioner as early as possible. The bench said that the sessions court had rejected his bail application. After this, he filed an appeal in the High Court for bail on 7 July. The counsel for the petitioner told the bench that the matter was listed several times in the court but it could not be heard.

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In its order passed last week, the top court said, “We are not interfering in the matter at this stage, but liberty of the individual is important and we expect that if the application is filed under Section 438/439 of CrPC, Whether before arrest or after arrest, it should be heard as early as possible.

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Section 438 of the Criminal Code of Procedure (CrPC) is used to grant bail to a person suspected of arrest while Section 439 of the CrPC deals with the special powers of the High Court or Court of Session with respect to bail. The petitioner was taken into custody on March 30 this year in a case registered under section 304 (culpable homicide not amounting to murder) of the Indian Penal Code.

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