*Denial of Bail: A Violation of Article 21*

The Supreme Court of India has held in several cases that denial of bail or prolonged detention can be a violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty. These judgments underscore the importance of balancing the rights of the accused with the interests of justice.

*Relevant Cases:*

- *Babu Singh vs. State of UP (2017)*: The Supreme Court observed that prolonged detention without bail can be a violation of Article 21 if the accused is not given a fair opportunity to defend themselves.
- *Jiva vs. State of UP (2020)*: The Court held that denial of bail and prolonged detention can infringe upon the rights of the accused under Article 21.
- *Sanjay Chandra vs. CBI (2012)*: The Supreme Court emphasized that prolonged detention without trial can be a violation of Article 21, and bail should be considered in cases where the accused has been detained for an extended period.

*Significance of these Judgments:*

These judgments highlight the importance of considering bail applications in a fair and timely manner. They emphasize that the right to life and personal liberty under Article 21 includes the right to a speedy trial and the right to be released on bail if the accused is willing to abide by the conditions imposed by the court.

Comments

Popular posts from this blog

GOVT JOB OR PRIVATE JOB

That Res-judicata is a mixed question of law & fact and hence it cannot be decided as a preliminary issue under order XIV Rule 2 (2) of CPC.

How to become advocate on record complete procedure