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Lockdown not akin to Emergency, default bail an indefeasible right: SC

Terming its judgment in the ADM Jabalpur case during the Emergency as "retrograde", the top court said that right to life and liberty cannot be taken away without a due process of law

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The bench, also comprising Justices M R Shah and V Ramasubramanian, granted bail to the accused on submission of personal bond of Rs 10,000 with two sureties.

Press Trust of India New Delhi

3 min read Last Updated : Jun 20 2020 | 1:27 PM IST

The lockdown announced by the government due to Covid-19 is not akin to the proclamation of Emergency, the Supreme Court has said holding that default bail is an indefeasible right on non-submission of charge sheet within the prescribed time.

The apex court made the observation while setting aside a Madras High Court order denying bail to an accused despite non-filing of charge sheet within the stipulated time.

A bench headed by Justice Ashok Bhushan said the view of the high court that restrictions imposed during the lockdown should not give the right to an accused of default bail even though

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