SC: Courts' refusal to hold a bail hearing impingesthe accused's liberty

The Supreme Court stated on Wednesday that courts' refusal to hear a bail request breaches the accused's rights, and that urgent matters concerning personal liberty should be heard as soon as possible.

The court stated that failing to list a normal bail application "impinges upon the liberty of the person in custody."

Chunni Lal Gabba, an industrialist accused of money laundering, was making his case before the Supreme Court. Since February 2020, his bail application has been pending in the Punjab and Haryana High Court. After the high court denied his plea for an early hearing, he went to the Supreme Court.

The court requested that the Punjab and Haryana High Court consider the industrialist's bail application as soon as possible.

The bench which comprised of Justices Hemant Gupta and V Ramasubramanian expressed that the accused is entitled to a hearing on his bail application. Denial of a hearing is, in reality, a violation of an accused's right to a fair trial.

They stated, "The accused has a right to hearing of his application for bail. In fact, the denial of hearing is an infringement of right and liberty assured to an accused."

According to the bench, given the current state of the epidemic, at least half of the judges should sit on alternate days "so that the hearing is accorded to the person in distress."