Incorrect To Limit The Bail Period Of An Accused, Says Supreme Court

In a recent order, the Supreme Court has said that it was "incorrect" for the Orissa High Court to limit the period of bail of an accused booked under the NDPS (Narcotic Drugs and Psychotropic Substances) Act.

A bench presided over by Justice J.B. Pardiwala was dealing with a special leave petition challenging the May 6 decision of the High Court ordering the release of the petitioner on bail but only for two months.

The high court had granted bail for two months on the ground that the accused was under custody for about two years and only one witness was examined in the trial.

"In our opinion, it is an incorrect order. If the High Court was of the view that the right of the petitioner to have a speedy trial could be said to have been infringed, then the High Court should have ordered the release of the petitioner on bail pending final disposal of the trial itself. There was no good reason for the High Court to limit the period of bail," said the Bench, also comprising Justice Ujjal Bhuyan.

The top court observed that it is now well settled that the right to a speedy trial is recognised as a fundamental right guaranteed by the Constitution and is closely tied to the right to life and personal liberty.

Issuing notice in the matter, it ordered that the accused will continue to remain on bail pending further orders.
 

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