Complete ban on bail pleas violates personal liberty of detainee: Supreme Court

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New Delhi
The Supreme Court has observed that the complete ban on bail petitions or petitions relating to suspension of sentence is a violation of the personal liberty of the prisoner. It said that by making such orders, the judges of the Rajasthan High Court have gone “beyond the judicial function allotted to themselves”. The apex court made this observation in a rare case where the Rajasthan High Court has approached the apex court against two orders of its own judge. One of these orders was passed on March 31 last year, asking the registry not to list bail petitions, appeals, applications for suspension of sentence and review petitions in the urgent matters category until the Center responds to the COVID pandemic. Does not remove the nationwide complete lockdown imposed due to The same judge, in another order on May 17, 2021, had directed the police not to arrest the accused till July 17 for offenses punishable with imprisonment of up to three years. The High Court approached the apex court against both these orders of its judge. A bench of Justices L Nageswara Rao and Aniruddha Bose said, “In our opinion, the orders dated 31st March 2020 and 17th May 2021 encroached upon the powers of the Chief Justice of Rajasthan High Court in respect of the work allotted to the judges of that court.” The bench, in its recent judgment, said that in relation to both the said orders, the judge has ordered to “go beyond the judicial function allotted to himself” by placing a complete stay on the listing of applications for bail, appeals, pendency of sentence. work done. The Supreme Court held that the complete ban on bail petitions or petitions related to suspension of sentence is a violation of the personal liberty of the prisoner. Senior advocate Vijay Hansaria appeared on behalf of the Rajasthan High Court in this matter. The apex court had stayed both the orders of the concerned judge on 3 April 2020 and 25 May 2021.

[Attribution to NBT]

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