Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
The HinduPublished : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on July 3, granted bail to the appellant-accused, on the ground that he has been in jail as an undertrial prisoner for the past four years, and to this date, the trial court has not been able to even proceed to frame charge. The Bombay High Court’s refusal to grant bail to the appellant-accused was thus under challenge before the Supreme Court. Another accused in the Bhima Koregaon case, former professor, Hany Babu, withdrew his petition from the Supreme Court seeking bail, because it was listed for hearing before another bench presided by Justice Bela M. Trivedi, whose previous decisions in bail cases did not inspire the confidence of the accused. Much like Babu, Khalid chose to withdraw his petition from the Supreme Court bench comprising Justices Trivedi and Pankaj Mithal in February 2024, with the liberty to seek bail from the trial court.