The Hindu : Front Page : “Bail delay after court order will be a violation”

Online edition of India's National Newspaper
Sunday, Oct 14, 2007
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“Bail delay after court order will be a violation”

Legal Correspondent

Bail granted to 4 accused in Mumbai blasts case
They will be free until verdict copies are furnished

New Delhi: Expressing concern over inordinate delay in release of the accused/detenus owing to non-compliance with bail orders, the Supreme Court has suggested that a modern method be devised for communication of the directions speedily.

“It is expected that sometimes even after the bail order by the court, the same is not complied with for a few days. It is expected that the bail order, once passed, should be complied with most expeditiously and the detenu released; otherwise there will be violation of Article 21 of the Constitution [right to life and liberty],” said a Bench consisting of Justices A.K. Mathur and Markandey Katju.

“Some modern method may be devised so that the order is communicated expeditiously and the same is complied with promptly by the authorities concerned.”

(It took two days for actor Sanjay Dutt to be released from jail even after he was granted bail in the Mumbai serial blasts case.)

The Bench was granting bail to Shah Nawaz Khan and three other accused on the ground that copies of the operative part of the judgment convicting them of various offences in the blast cases had not been furnished to them and they were not aware of the reasons for their conviction.

Interest of justice

The judges said the interest of justice required that the appellants be released on bail until copies of the judgment were furnished to them, subject to their surrendering to the court after the copies were made available to them.

The Bench directed that each appellant be released on bail on his furnishing a personal bond for Rs. 1 lakh with two sureties for a like amount to the satisfaction of the Mumbai designated court. The appellants should also surrender their passports.

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