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Liberty of individual sacrosanct, bail pleas must be taken up expeditiously: Supreme Court

New Delhi, October 12

The freedom of a person is “sacrosanct” and an software in search of bail should be taken up for listening to as expeditiously as doable, the Supreme Court docket has stated.

No time restrict will be mounted for purposes in search of pre-arrest or post-arrest bail however the minimal which will be anticipated is that such pleas be heard on the earliest, the apex court docket stated.

A bench of Justices Ajay Rastogi and AS Oka stated this whereas listening to a plea filed by an accused, who was taken into custody in March this yr in reference to a case registered at Patiala district in Punjab, urging the court docket that his software in search of bail which is pending earlier than the Punjab and Haryana Excessive Court docket be heard expeditiously.

The bench famous {that a} classes court docket had dismissed the bail software filed by the accused after which he had filed a plea in search of post-arrest bail earlier than the excessive court docket on July 7.

The petitioner’s counsel informed the bench that the matter was listed earlier than the court docket a number of occasions however it couldn’t be heard.

“We’re not going into the difficulty for the time being, however liberty of a person is sacrosanct and we anticipate that if an software is filed both pre or put up arrest, underneath sections 438/439 of the CrPC, it should be taken up as expeditiously as doable,” the bench stated in its order handed final week.

“Though, no time restrict will be mounted, however that’s the minimal which will be anticipated to offer an viewers on the earliest,” the highest court docket stated.

Whereas Part 438 of the Code of Felony Process (CrPC) offers with grant of bail to an individual apprehending arrest, Part 439 pertains to particular powers of the excessive court docket or a classes court docket concerning bail.

Whereas disposing of the plea, the bench requested the excessive court docket to contemplate the bail software filed by the petitioner “as expeditiously as doable”.

The petitioner was taken into custody in reference to the case registered on March 30 this yr for the alleged offences underneath numerous sections of the Indian Penal Code, together with 304 (punishment for culpable murder not amounting to homicide). PTI

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