SC: Non Listing Of Bail Application Impinges On Liberty Of Accused; Half Of HC Judges To Sit On Alternate Days

WHAT WAS THE CASE

• The Division Bench consisted of Justice Hemant Gupta and Justice V Ramasubramanian.
• The case was of a Special Leave Petition against an order declining the request of hearing a bail application.
• The bail application was filed under Section 439 of the Code of Criminal Procedure.
• The case had been pending since February 2020.

WHAT DID THE COURT SAY

• The Court said that denial of listing a hearing for a bail application was an infringement of the accused’s rights and liberty.
• The accused has a right to his bail plea being heard in Court.
• The Bench noted that even during the pandemic, all Courts were making attempts to hear as many cases as possible.
• However non listing of bail applications for over a year defeats the administration of justice.
• It added that at least half of the judges should sit on alternative days during the pandemic to hear cases of persons in distress.

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