Today, On 18th March, The Supreme Court expressed concern over the increasing rejection of bail pleas, cautioning against excessive restrictions on personal liberty. The bench emphasized that a democratic country should not function like a police state, stressing the importance of upholding constitutional rights. The court urged lower courts to adopt a balanced approach in granting bail, ensuring justice while preventing misuse of the law.
New Delhi: The Supreme Court voiced its disappointment regarding the rejection of bail applications by trial courts in “not very serious cases,” even after investigations have been completed.
A bench consisting of Justices Abhay S. Oka and Ujjal Bhuyan stated on Monday that a democratic nation should not operate like a police state, where law enforcement agencies wield arbitrary powers to detain individuals without genuine necessity.
The court noted that two decades ago, bail applications in lesser cases seldom made it to the high courts, much less to the Supreme Court.
Justice Oka remarked while hearing a bail plea,
“It is shocking that the Supreme Court is reviewing bail applications in cases that should be resolved at the trial court level. The system is being burdened unnecessarily,”
This is not the first instance where the top court has highlighted this concern; it has consistently urged trial courts and high courts to take a more lenient approach in granting bail, especially in cases involving minor offenses.
The apex court previously voiced its frustration over what it described as “intellectual dishonesty” by lower courts in denying bail, despite numerous directives emphasizing the need to protect individual liberty when custodial detention is unwarranted.
During the hearing, the bench granted bail to an accused who had been in custody for over two years in a cheating case.
The bail plea of the accused was denied by both the trial court and the Gujarat High Court, even though the investigation had been completed and a chargesheet had been filed.
Justice Oka stated,
“It is unfortunate that bail matters in cases triable by magistrates are reaching the Supreme Court. We regret to say that individuals are not receiving bail when they should,”
In 2022, the Supreme Court had imposed restrictions on investigative agencies regarding arrests in cognizable offenses that carry a maximum penalty of up to seven years, provided that custody was not deemed necessary.
The court also urged lower courts to protect individual liberty by ensuring that bail is granted in a fair and timely manner.
The bench emphasized that an accused who had cooperated with the investigation and was not arrested during the inquiry should not be taken into custody simply because a chargesheet has been filed.