Illegal To Grant Bail For Limited Time If...: Supreme Court's Big Order
NDTV
The Supreme court said such orders put an additional burden on the litigant as he was forced to file a fresh bail application for extension of the relief granted earlier.
The Supreme Court has said when a court concludes that an accused is entitled to be enlarged on bail pending trial, then granting the relief only for a limited duration is "illegal" and such orders violate the right to liberty.
The Supreme court, which was hearing a plea filed by a man facing prosecution for alleged offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, said such orders put an additional burden on the litigant as he was forced to file a fresh bail application for extension of the relief granted earlier.
"When a court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal. Such orders violate the right to liberty under Article 21 of the Constitution of India," a bench of Justices Abhay S Oka and Pankaj Mithal said in its order passed on November 29.
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