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Times of India·3 min read·hard

'Bail by HCs shouldn't be challenged': SC rejects appeal by Chhattisgarh govt

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DHANANJAY MAHAPATRA
'Bail by HCs shouldn't be challenged': SC rejects appeal by Chhattisgarh govt
✦AI Summary

The Supreme Court of India has ruled that state governments should not routinely challenge high court bail orders, emphasizing the importance of individual liberty. The court suggested that bail orders should be concise and that the state's frequent appeals contribute to judicial backlog.

Why it matters

This ruling aims to curb the state's power to keep undertrials incarcerated and reinforces the judiciary's role in protecting fundamental rights against excessive state intervention.

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NEW DELHI: In an important exposition on the working of criminal justice process without diluting the primacy of individual liberty, the Supreme Court on Wednesday said that once a high court grants bail to an accused, it must be treated as final and SC must not entertain appeals against the order by the state, reports DhananjayMahapatra.A bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana made the statement as they disposed of Chhattisgarh govt's appeal against grant of bail to Chaitanya Baghel, son of ex-CM Bhupesh Baghel, despite having serious reservations about HC's order, and said judicial system must get back to the trend during 1980s, when then CJI P N Bhagwati had said HC's orders granting bail should be final.CJI Surya Kant said HCs appear to have become very conservative in granting bail and write 40-50 pages while granting or rejecting bail without realising the impact…

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