The Supreme Court of India, in a recent judgment, expressed serious concerns regarding the increasing trend of trial courts rejecting bail applications in cases that are not deemed severe, pointing out that a democratic nation should not mimic the attributes of a police state. Justices Abhay S. Oka and Ujjal Bhuyan, presiding over the matter, criticized the unnecessary burden this places on the higher judiciary, including the Supreme Court itself.
During the proceedings, Justice Oka remarked, “It is shocking that the Supreme Court is adjudicating bail pleas in cases that should be disposed of at the trial court level. The system is being burdened unnecessarily.” This observation came while granting bail to an individual involved in a cheating case, who had remained in custody for over two years despite the completion of the investigation and the filing of a chargesheet.
The apex court noted that two decades ago, it was rare for bail matters in smaller cases to escalate to higher courts. The bench highlighted a worrying shift towards harsher stances on bail by lower courts, despite earlier directives advocating for a more liberal approach, especially in cases involving minor offenses.
The justices voiced their dismay over what they described as “intellectual dishonesty” by lower courts, which often ignore Supreme Court directives emphasizing the importance of safeguarding individual liberty in situations where custodial detention is unwarranted. In 2022, the Supreme Court had already set restrictions on investigative agencies, advising against making arrests in cognisable offences with a maximum punishment of up to seven years unless absolutely necessary.
Furthermore, the court underscored the importance of granting bail in a fair and timely manner to uphold the principle of liberty, especially when the accused had cooperated with the investigation and was not arrested during the initial probe. The case highlighted by the justices involved an accused whose bail plea was previously rejected by both the trial court and the Gujarat High Court.
