Calcutta High Court Warns State Against Forcing Accused to File Habeas Corpus for Release

Calcutta High Court Warns State Against Forcing Accused to File Habeas Corpus for Release

The Calcutta High Court held that once bail is granted, the accused must be released immediately and cannot be compelled to approach the court through a habeas corpus petition for enforcement.

The Court cautioned State authorities against delaying release despite valid bail orders, observing that such conduct undermines personal liberty.

The ruling came while hearing a habeas corpus plea alleging continued detention even after bail was granted.

A Division Bench emphasised that detention after grant of bail is unjustified and contrary to law, and authorities must ensure prompt compliance with bail orders without forcing the accused to seek further judicial remedies.

[Saw Timothy v. State & Anr.]

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