Supreme Court to look into bail denial in high profile cases

NEW DELHI: The Supreme Court has decided to examine the 'trend' of denial of bail in high profile cases - something that runs contrary to the "bail is the rule and jail an exception" philosophy propounded by the apex court in the late 70s. In recent months, be it the Madhu Koda cases or the one relating to 2G spectrum allocation, trial courts have been reluctant to exercise its discretion in favour of the accused.

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 in violation of Fundamental Right of Life and Personal Liberty guaranteed under Article 21 of the Constitution.

Appearing for Ashok Kumar Sinha, an associate of former Jharkhand Chief Minister Madhu Koda, Kumar submitted that the accused has been in jail for past two years, despite the minimum sentence for offences, allegedly committed by him, being merely three years and the maximum seven years.

He told the bench that of late trial courts were not granting bail as some of these cases "are media-driven and judges are afraid of their confidential reports". Kumar also alleged that the media was virtually pre-judging several issues before courts and tending to influence the conduct of judges.

He said a serious issue has arisen as a result of denial of bail to the accused who also have Fundamental Rights and it was time that at least a three-judge bench of the Supreme Court should clearly lay down the law "so that rights of the accused are not trampled upon".

Kumar told the bench that irrespective of the gravity of the crime, the principles emanating from the CrPC were not being followed. "Such serious violations posed a challenge to the rights of the accused." Rohatgi endorsed Kumar's argument and said under Section 437 of CrPC, an accused is entitled to be released on bail if the maximum punishment is up to seven years.