Landmark HC ruling on bail

AHMEDABAD, Aug 17: In a landmark judgment, a full bench of Gujarat High Court comprising Justice R K Abichandani, Justice M S Parikh and Justice A L Dave has held that a trial court, while acquitting an accused, cannot ask him or her to furnish bail.

The path-breaking judgment was delivered in a petition filed by Omprakash T Batra, Shakuntala Batra, Rambhagat and Santosh U Mali. Omprakash and Shakuntala, accused in a sessions case in Kheda and Rambhagat and Santosh, accused in two separate sessions cases in Surat, at a time of their acquittal, were asked by the respective sessions judges to submit bail for a period of one year.

Rambhagat and Santosh remained in jail due to their inability to furnish bail for up to 5-6 months in spite of their acquittal.