Right to seek bail implicit in Constitution: Supreme Court

Right to seek bail implicit in Constitution: Supreme Court

Part of: Prelims and GS II – Rights And duties

Context The Supreme Court has held that the right to apply for bail is an “individual right” implicit in the Constitution.

• The right of an accused, an undertrial prisoner or a convicted person awaiting appeal court’s verdict to seek bail on suspension of sentence is recognised in Sections 439, 438 and 389 of the Code of Criminal Procedure.
• If there is a blanket ban on listing of these applications, even for offences with lesser degree of punishment, it would effectively block access for seekers of liberty to apply for bail and suspend the fundamental rights of individuals in or apprehending detention. 
• Such an order also has the effect of temporarily eclipsing statutory provisions.

Background

• A Single Judge of the Rajasthan High Court had in March passed an order to not to list bails, appeals, applications for suspension of sentence in appeals and revisions in the category of extreme urgent matters.