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Supreme Court Grants Indefinite Bail, Upholds Right to Liberty

Last Updated on December 4, 2023 by News Desk

The Supreme Court of India has ruled that granting bail only for a limited duration is illegal and violates the right to liberty under Article 21 of the Constitution of India.

The court, hearing a plea filed by a man facing prosecution for alleged offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, argued that such orders added an additional burden on the litigant, forcing him to file a fresh bail application for extension of the relief granted earlier.

The court noted that the man had filed a petition challenging an order of the Orissa High Court, which had granted him interim bail for 45 days.

The court argued that the court had disposed of the bail application after recording tentative findings and that granting interim bail should have been kept pending. The court modified the high court order and directed that the appellant shall be enlarged on bail until the final disposal of the case.

This decision is the fifth or sixth order from the same high court where the court has granted either interim bail or short-term bail.

Written by: Srijan Raj, @procrastinate_human

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