Case Law Details
Prateek Jain Vs State of U.P. (Allahabad High Court)
1. The Apex Court in the case of Suo Motu Writ Petition (C) No. 1/2020 In Re: Contagion of Covid 19 Virus in Prisons has considered the measures for de-congestion of the jails on account of threat of spread of infection of novel corona virus and by the order dated 07.05.2021.
2. The right to life guaranteed under Article 21 of the Constitution of India is paramount and by mere implication in a case of alleged commission of non-bailable offence, right to life of an accused person can not be put to peril. The allegations may be serious against an accused but the presumption of innocence in his favour cannot be dispelled only on the basis of the allegation.
3. An accused who has not been subjeced to trial and not even police investigation has been completed against him in many cases, cannot be compelled to surrender and obtain regular bail in the current circumstances
4. Extraordinary times require extraordinary remedy and desperate times require remedial remedy. Law should be interpreted likewise.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
