New Delhi, Feb 8 (UNI) The Supreme Court held that ‘mere delay in trial’ of a person charged under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”) is no ground to grant bail in grave offences.
The Bench comprising Justice MM Sundresh and Justice Aravind Kumar, while denying bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 for allegedly promoting the Khalistani terror movement, observed that under the UAPA, “jail is the rule and bail an exception”.
While denying bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”) for allegedly promoting the Khalistani terror movement, the Apex Court on Wednesday held that mere delay in trial is no ground to grant bail in grave offenses.
In his order, Justice Aravind Kumar said that the conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favor of the often quoted phrase – ‘bail is the rule, jail is the exception’ – unless circumstances justify otherwise.
It does not find any place while dealing with bail applications under the UAP Act. The ‘exercise’ of the general power to grant bail under the UAP Act is severely restrictive in scope.
It suggests the intention of the Legislature to make bail, the exception and jail, the rule”, However, this does not apply to cases of grave offences.
