Supreme Court reminder on right to bail
An accused should not be incarcerated for an indefinite period unless he is proven guilty, the Supreme Court said on Thursday while hearing the bail plea of Union minister Ajay Kumar Mishra’s son Ashish Mishra, who is an accused in the Lakhimpur Kheri massacre.
The top court said the worst victims were the farmers languishing in jail and if Ashish was not granted any relief, they were also likely to remain in jail.
Reserving its order on the bail plea, a bench of Justices Surya Kant and J.K. Maheshwari said it was a case of balancing the rights of the parties.
“The state has a right to ensure there is a fair trial uninfluenced by extraneous circumstances. The state has a right because society has a lot of stakes involved. The accused has a right that unless he is proven to be guilty of the offence, he should not be incarcerated for an indefinite period,” the Supreme Court said.