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Synopsis

The Supreme Court has said that once a court comes to a conclusion that an accused is entitled to bail, it cannot postpone the grant of bail as it would amount to violation of fundamental rights guaranteed under Article 21 of the Constitution.

A bench of Justices Abhay S Oka and Augustine George Masih took exception to the Patna High Court's order whereby it directed the release of the accused in a criminal case on bail after six months.

Taking up a criminal appeal filed by Jitendra Paswan, the bench said, "We have perused the impugned order which is not challenged by any party, except the appellant-accused. The impugned order proceeds on the footing that the appellant is entitled to bail and, in fact, the impugned order grants bail to the appellant. However, it is observed in paragraph 9 of the impugned order that the order granting bail shall be implemented after six months."

The court further said, "Once a court comes to a conclusion that an accused is entitled to bail, the Court cannot postpone the grant of bail. After holding that an accused is entitled to bail, if the Court postpones the operation of an order granting bail, it may amount to violation of the fundamental rights guaranteed under Article 21 of the Constitution of India."

The court partly allowed the appeal by deleting the words “but after six months from today” from paragraph 9 of the impugned order. 

It noted the appellant had already been released on interim bail under the orders of the top court. 

"Hence, the interim bail granted to the appellant by this court will continue till the conclusion of the trial," the bench said.

The appeal challenged the Patna High Court's order of April 19, 2024.

The FIR was lodged on December 03, 2021, under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 302 of the Indian Penal Code.

Before the high court, the petitioner contended there was no specific allegation against him. Moreover, the accusation had been levelled in the background of the land dispute. The petitioner had been in custody since September 26, 2023.

The high court, however, in its order, had said, "Let the petitioner Jitendra Paswan be released on bail, but after six months from today".

Case Title: Jitendra Paswan Vs The State of Bihar