When a Session Court while dealing with a bail application finds that the fundamental rights of the accused under Article 21 and 22 of the Constitution have been violated, the court can release him on bail as the arrest in the case is vitiated, observed the Supreme Court in Muhammed Nashif U v. State of Kerala & Anr [2025: KER:89635].
Non-production of the accused before the Magistrate within 24 hours of arrest is a violation of the fundamental right of the accused. In such a case the Sessions Court can release him on bail.
The Supreme Court relied on its earlier decision in Directorate of Enforcement V. Subish Sharma super Sharma [2025 INSC 141].
