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  • NAME: High Court of Judicature for Rajasthan versus The State of Rajasthan and Another
  • CORAM: Justices L Nageswara Rao and Aniruddha Bose
  • CITATION: LL 2021 SC 523


  • The Supreme Court’s ruling came in the matter wherein the question was that whether right to apply for bail is an absolute right or not.
  • Orders of the Rajasthan High Court guiding the Registry to not list bails, appeals, applications for withdrawal of sentence, and revisions were held to be as exceptional situations resorted to only in urgent matters.


  • The observations were made by a Bench consisting of Justices L Nageswara Rao and Aniruddha Bose whilst also delivering the decision in special leave lawsuits brought against instructions of the Rajasthan High Court directing the Registry to not list bails, appeals, applications for revocation of sentence in pleas, and revisions as exceptional urgent matters.
  • A directive given by the sole bench this year to the Registry not to list petitions for anticipatory bail in offences with possible sentences of up to three years over the Court's summer break too was challenged.
  • The Rajasthan High Court itself challenged these orders in the Apex Court.
  • “Such rights have been taken away by judicial order, without any accordance with statutory procedure or procedure established by Law, which in our legal system is similar to the ‘due process'statement”, the Bench wrote.
  • The freedom to petition for bail is an absolute right guaranteed in Articles 14, 19, and 21 of the Constitution," Justice Bose wrote in his decision.
  • The Court further noted that Sections 439, 438, and 389 of the 1973 Criminal Procedure Code recognise the rights of an accused, an awaiting trial prisoner, or an accused person awaiting an appellate court's verdict to request bail on suspension of punishment.


  • The Supreme Court has ruled that right to apply for bail is an absolute right implied in Articles 14, 19 and 21 of the Constitution of India, and that blanket orders issued by a single judge of the Rajasthan High Court not to record any application forms for bail and suspension of sentence as crucial matters during the lockdown are unconstitutional.
  • Fundamental Rights of individuals would just be suspended, and those seeking freedom would be unable to request for bail, according to the Judge.

Hope you enjoyed reading this. You may now be able to answer the following questions. Let us know in the comments section

  • Were the directives given by the Rajasthan High court correct?
  • Was the Supreme Court correct in dismissing the High Court’s order?
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