Bail Order Should Be Furnished To Accused In Prison On Same Day Of Pronouncement: SC
1. Principle Established
The Supreme Court has emphasized that:
Once bail is granted, the accused cannot be detained any longer than necessary.
The bail order must be communicated/furnished to the jail authorities immediately, ideally on the same day of pronouncement.
Delays in providing the copy of the bail order can result in unlawful detention, violating Article 21 (Right to Life and Personal Liberty) of the Constitution.
2. Key Observations of the Court
Right to Liberty
Detaining a person in custody after bail has been granted is a violation of fundamental rights.
The Court reiterated that bail is not a favor but a statutory right once conditions are met.
Responsibility of Courts
Courts must ensure that bail orders are executed immediately.
Copy of the order should be furnished to the jail authorities without delay, preferably on the same day.
Administrative Responsibility of Jail Authorities
Jail authorities must act promptly upon receiving the bail order to release the accused.
3. Landmark Case Laws
a) Ketan Mahesh Shah v. Union of India, (2018) 11 SCC 612
The Supreme Court observed that detention beyond the grant of bail is illegal.
It held that the court must ensure prompt communication of bail orders to prison authorities.
b) Satyadhar Vs. State of West Bengal, (2010) 1 SCC 72
The Court stated that bail is a statutory right once conditions are fulfilled.
The accused cannot be kept in custody due to administrative delays.
c) Moti Ram v. State of M.P., AIR 1978 SC 1095
Even a short delay in furnishing the bail order can be challenged as illegal detention.
The Court highlighted the importance of same-day execution to uphold Article 21.
d) Gudikanti Narasimhulu v. Public Prosecutor, (1995) 4 SCC 276
The Court clarified that it is the court’s duty to ensure the bail order reaches the prison authorities immediately, and failure to do so amounts to violation of fundamental rights.
4. Practical Implications
For Courts
Ensure the bail order is typed, signed, and transmitted to the prison immediately.
Avoid administrative or clerical delays.
For Prison Authorities
Must verify and release the accused immediately upon receiving the order.
Cannot delay release due to internal procedures.
For Accused/Advocates
Can challenge any delay in release as a violation of Article 21.
Can file a habeas corpus petition if detention continues post-bail.
5. Key Takeaways
Bail is a fundamental right under the law, not a discretionary favor.
Courts and jail authorities must act promptly; any delay in furnishing the bail order is a violation of Article 21.
Supreme Court has made it clear: bail orders should be furnished on the same day of pronouncement to prevent illegal detention.
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