THE RIGHT TO APPLY FOR BAIL IS AN INDIVIDUAL RIGHT INHERENT IN ARTICLE 14, 19, AND 21 OF THE CONSTITUTION OF INDIA - SC

The Supreme Court observed that the right to apply for bail is an individual right inherent in Articles 14, 19 and 21 of the Constitution of India. The top observed this while disapproving Rajasthan High Court's blanket orders whereby the HC ordered to not list bail applications and suspension of sentence as urgent matters during the lockdown. 

The Top court held that such blanket bans suspend fundamental rights and block access to liberty to apply for bail.

The SC bench of Justices L Nageswara Rao and Aniruddha Bose made the observations while hearing a special leave petition filed against orders of Rajasthan HC while hearing an anticipatory bail during Covid 19 lockdown. The bench said that the right of an accused to seek bail is recognised in Sections 439, 438 and 389 of the 1973 Criminal Procedure Code. "Directions issued by the HC are potential for breaching the constitutional rights of an individual who could be charged in criminal activity and also put fetters on the power of investigating authorities".

Author: Papiha Ghoshal