Supreme Court Reaffirms Right to Liberty: Bail as a Remedy for Judicial Delay
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The Supreme Court ruled that convicts whose appeals against long-term sentences are unlikely to be heard soon should normally be granted bail. This judgment reinforces the right to a speedy trial and addresses the systemic issue of judicial pendency affecting the incarcerated.
The Supreme Court of India, in a significant move to protect the fundamental right to liberty, has reiterated that the suspension of a sentence and the grant of bail should be the norm when a convict’s appeal is unlikely to be decided within a reasonable period. This ruling addresses the chronic issue of judicial pendency, where individuals often spend a substantial portion of their sentence in prison while waiting for their appeals to be heard.
The Court observed that while the gravity of the offense is a factor, it cannot indefinitely override the right to a speedy trial, which is an integral part of Article 21 of the Constitution. The judgment emphasizes that if the appellate court is unable to take up the appeal for a final hearing due to a heavy backlog, the incarcerated individual should not be made to suffer the consequences of systemic delays. This principle applies particularly to cases involving long-term sentences where the "reasonable period" for an appeal has been exceeded.
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