Supreme Court said, freedom of person is important, bail application should be heard soon
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 apex 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. .
In fact, a bench of Justice Ajay Rastogi and Justice AS Oka was hearing the petition of the accused in connection with a case registered in Patiala district of Punjab. The accused has been taken into custody in March this year. The petition has requested the apex court that his application for bail is pending before the Punjab and Haryana High Court, which should be heard expeditiously.
The bench asked the High Court to consider the bail application of the petitioner as expeditiously as possible. The bench said that the sessions court had rejected his bail application. He then filed an appeal in the High Court for bail on July 7. The counsel for the petitioner told the bench that the matter was listed several times in the court but it could not be heard.
The top court in its order last week said, “We are not interfering in the matter at this stage, but liberty of the individual is important and we expect that if an application is filed under Section 438/439 of CrPC, irrespective of Before the arrest or after the arrest, then it should be heard as soon as possible.” 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 a High Court or a Sessions Court with respect to bail. The petitioner was taken into custody on March 30 this year in a case registered under culpable homicide not amounting to murder.
