The supreme court of India has decided to examine the denials of bail in all high profile cases. A three-judge bench of justices Altamas Kabir, SS Nijjar and J Chelameshwar agreed to look at the controversial issue after senior counsel Ranjit Kumar and Mukul Rohatgi complained that courts in recent times have been routinely rejecting bail. This is in complete violation of Fundamental Right of Life and Personal Liberty guaranteed under Article 21 of the Constitution.
It was submitted that some of them have not got bail in cases and they are in jail for 2years and the minimum and the maximum sentence in those cases is 3 and 7 years respectively. In recent times some of the judges get influenced by the media trials .as some judges fear of media and as a result the decisions are media biased. As some times media trials in certain cases occur before the actual trial could take place.
This has seriously led to denials of the fundamental rights of the accused in certain cases. And so Supreme Court being the highest court in the country it is the responsibility of this court to look into this matter.
Principles of CrPC are not being followed which is resulting in serious violation of the rights of the accused. It was also argued that under Section 437 of CrPC, an accused is entitled to be released on bail if the maximum punishment is up to seven years.
Report by Abhishek Kumar