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THE CONSTITUTION OF INDIA ART. 21-A
Default bail under Section 167(2) of the Cr. P.C. is the indefeasible right of the accused. If right accrues when charge-sheet is not filed within the period of 60/90 days, even if the accused makes oral prayer, he is entitled to be released on bail. (Rakesh Kumar Paul v State of Assam, AIR 2017 SC 3948 : (2017)15 SCC 67).
A convict cannot claim premature release as of right. (State of Haryana v Jagdish, AIR 2010 SC 1690 : (2010)4 SCC 216).
Speedy trial - Delay in trial is an important consideration in granting bail to an accused. (State of Kerala v Raneef, AIR 2011 SC 340 : (2011)1 SCC 784).
Fixed term sentence can be imposed. No abrogation of any fundamental, a statutory right. (Vikas Yadav v State of U.P., AIR 2016 SC 4614 : (2016)9 SCC 541).
Delayed trial is no ground to quash criminal proceedings especially under Prevention of Corruption Act, 1988. (Niranjan Hemchandra Sashittal v State of Maharashtra, AIR 2013 SC 1682 : (2013)4 SCC 642).
Speedy justice - Frequent adjournments should not be granted. (Noor Mohammed v Jethanand, AIR 2013 SC 1217 : (2013)5 SCC 202).
Execution of non-bailable warrant against appellant, an advocate on Independence Day celebrations in club premises - Held, interference with appellant’s liberty. Rs. 2,000 costs imposed on Police Inspector executing warrant. (Raghuvansh Dewanchand Bhasin v State of Maharashtra, AIR 2011 SC 3393 : 2011 AIR SCW 5347).
Denial of anticipatory bail in case(s) where custodial interrogation is not warranted does not offend Article 21. (Jai Prakash Singh v State of Bihar, AIR 2012 SC 1676 : (2012)4 SCC 379).
Granting parole to a life convict for a short period is part of reformative theory. The convict released on parole solves his personal and family problems, and maintains his link with the society. Another theory is that even such convicts have right to breath fresh air, albeit for periods. (Asfaq v State of Rajasthan, AIR 2017 SC 4986 : (2017)15 SCC 55).
Landless oustees of Narmada Project or other projects are entitled to allotment of land by way of rehabilitation. (State of Madhya Pradesh v Narmada Bachao Andolan, AIR 2011 SC 1989 : (2011)7 SCC 639).
1[21-A. Right to education.—The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine].
1.
COMMENTS
Right to education is a fundamental right under Art. 21A. A student cannot be failed upto 8th class. (Vatasl Khakharia v State of Chhattisgarh, AIR 2018 Chh 135).
Inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, w.e.f. 1-4-2010.
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