New Delhi, Pretr. The Supreme Court has said that the liberty of a person is very important, so the bail petition should be heard at the earliest. No time limit can be prescribed for pre-arrest or post-arrest bail applications, but at least one can hope that such petitions are heard at the earliest.
A bench of Justices Ajay Rastogi and AS Oka was hearing the plea of an accused who was detained on March 30 this year in Punjab’s Patiala district in connection with a case registered under various sections of the IPC, including 304. He had demanded in the petition that his bail plea pending in the Punjab and Haryana High Court should be heard soon.
The bench took note of the fact that his bail plea was rejected by the sessions court and thereafter he filed a petition in the high court for post-arrest bail on July 7. The counsel for the petitioner told the apex court that the matter was listed several times in the High Court, but it did not come up for hearing. Disposing of the petition, the apex court requested the High Court to consider the bail plea of the petitioner at the earliest.
Before granting anticipatory bail, the court should see the seriousness of the crime
At the same time, in another case recently, the Supreme Court said that while granting anticipatory bail to the accused, the court should consider the criteria like the seriousness of the offense and the specific charge. The Supreme Court said that it has to decide whether the High Court has followed the correct principles for granting anticipatory bail on the basis of the material available at this stage.
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