NEW DELHI: Holding refusal of hearing bail plea as a breach of their liberty and rights guaranteed to an accused, and that the Supreme Court has stated that timely hearing should be allowed in these situations even throughout the ordeal.
A seat of Justices Hemant Gupta along with V Ramasubramanian expressed shock which the Punjab and Haryana high court failed to take the bond plea for more than a year.
The accused approached the apex court following his petition for hearing has been rejected from the HC.
“Usually, we don’t interfere with the interim order passed by the high court but we’re constrained to pass on the current order as we’re shocked to find that the bond program under Section 439 CrPC isn’t being recorded for hearing for at least 1 year.
The accused has the right to hearing his application for the bond.
In actuality, the refusal of hearing is a breach on liberty and right guaranteed into an accused,” the bench said on Tuesday.
The purchase was published to the SC site on Wednesday.
“Thus, we expect the high court will have the ability to take the program for bond from an early date so the right of those accused of hearing application for bail isn’t removed…” the seat, also requested the HC Document general to deliver this order to the note of this”competent jurisdiction to take remedial measures at the first”.
Not hearing Custody violates rights of Detained, States Supreme Court
