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The accused is granted bail after the Supreme Court chastises the Allahabad High Court for 43 adjourning the bail case.

 

The Court pointed out that the accused had already been detained for over three and a half years and that it was unacceptable to keep delaying decisions pertaining to personal freedom.

The Allahabad High Court was recently cited by the Supreme Court for 43 adjournments of a bail case [Ramnath Mishra @ Ramanath Mishra vs. Central Bureau of Investigation].

A bench of Chief Justice of India (CJI) BR Gavai and Justice NV Anjaria stated in an August 25 ruling that the accused had already been detained for over three and a half years and that it was unacceptable to keep delaying decisions pertaining to personal liberty.

The Court noted that constitutional courts must handle bail cases quickly.

We have often noted that the courts ought to consider cases pertaining to individual liberty as quickly as possible. The Bench stated that the High Courts are not supposed to prolong cases involving personal liberty and take no action other than to adjourn them periodically.

As a result, it granted the accused-petitioner bail.

The Court further noted that it had granted bail to a co-accused in the same case in May of this year after discovering that the High Court had postponed his bail request 27 times.

The Court had previously emphasized in that order that High Courts cannot hold bail pleas pending in the absence of progress.  It had previously stated that the fundamental protection of personal liberty is compromised when such issues are left in limbo.

The Court stated that the current case was considerably more heinous.

Both of the accused are currently on bail after the court reaffirmed that it cannot tolerate delays in liberty concerns and ordered the trial court to act in compliance with the law.


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