The Supreme Court, in a rather unusual order on May 12, directed lower courts to decide pending default bail applications without relying on its own judgment of April 26.
A judgment of the Supreme Court is considered the law of the land. Article 141 of the Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India.
The April 26 judgment in Ritu Chhabaria versus Union of India had held that central agencies cannot deny accused persons their right to default bail by filing multiple supplementary chargesheets and seeking renewed custody. The judgment held that “the right of default bail under Section 167(2) of the Criminal Procedure Code (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution” to protect accused persons from the “unfettered and arbitrary power of the State”.
