Can't postpone release of accused entitled to bail: Supreme Court

'Once a court comes to a conclusion that an accused is entitled to bail, the court cannot postpone the grant of bail. After holding that an accused is entitled to bail, if the court postpones the operation of an order granting bail, it may amount to violation of the fundamental rights guaranteed under Article 21 of the Constitution,' the bench said.

New Delhi: The Supreme Court has said a court cannot postpone release of the accused, once it comes to a conclusion that he is entitled to bail. Deferring the release of accused would amount to violation of fundamental rights guaranteed under Article 21 of the Constitution, it said.

A bench of Justices Abhay S Oka and Augustine George Masih partly allowed an appeal filed by Jitendra Paswan against Patna High Court's April 19, 2024 order, which directed the release of the accused in a murder case on bail after six months.

The bench noted the High Court's order proceeds on the footing that the appellant is entitled to bail and, in fact, it granted bail to the appellant.

However, it is observed in paragraph nine of the order that "the order granting bail shall be implemented after six months."

To this, the bench said, "Once a court comes to a conclusion that an accused is entitled to bail, the court cannot postpone the grant of bail. After holding that an accused is entitled to bail, if the court postpones the operation of an order granting bail, it may amount to violation of the fundamental rights guaranteed under Article 21 of the Constitution."

In its order on September 2, the bench directed for deleting the words “but after six months from today” from the High Court's order.

The apex court, which had earlier ordered release of the appellant on interim bail, extended it till the conclusion of the trial.