SC: Bail is rule, jail exception' applies even to UAPA offences
jail is an exception" legal principle is applicable even to offences under special statutes like the Unlawful Activities (Prevention) Act, the Supreme Court ruled on Tuesday while granting bail to a man accused of harbouring suspected terrorists. A bench of justices Abhay Oka and Augustine George Masih said once a case has been made out for the grant of bail to an accused, the court cannot decline the relief.
«When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the courts is to consider the case for grant of bail in accordance with the law. 'Bail is the rule and jail is an exception' is a settled law,» SC said.
The verdict came while ordering the release of a retired police constable Jalaluddin Khan, who was booked under the stringent provisions of the anti-terror law and those of the now defunct Indian Penal Code for renting out the upper floor of his house to alleged members of the banned Popular Front of India.
According to the National Investigation Agency, the probe revealed that a criminal conspiracy was hatched with an intention to carry out acts of terror and violence, leading to an atmosphere of terror and endangering the unity and integrity of the nation.
SC said there is nothing in the charge sheet to show that Khan took part in or committed unlawful activities as defined in UAPA.
SC said even assuming that the co-accused were indulging in terrorist acts or were planning to
