- The Supreme Court has ruled that bail cannot be withheld as a punishment, regardless of the crime’s nature, emphasizing that refusal leads to the unjust “prisonisation” of an accused who is presumed innocent until proven guilty.
- The court stated that if the state or prosecuting agency cannot ensure a speedy trial under Article 21 of the Constitution, they should not oppose bail on the grounds of the crime’s seriousness.
- In the case of Javed Gulam Nabi Shaikh, who was denied bail by the Bombay High Court under the Unlawful Activities (Prevention) Act, 1967 (UAPA). The trial has 80 witnesses yet to be examined and no chargesheet filed.
- The court underscored that trial and High Courts have forgotten the well-settled principle that bail is not a punishment.
Dig Deeper: Read important provisions of UAPA, 1967.
