Justice SM Modak of the Bombay High Court has recently held that the discretionary power of the Court to grant bail cannot be taken away by any Act. While dismissing a petition of a 71 years old man to release while citing a scheme of the National Legal Service Authority (NALSA) for the release of undertrials on the 75th Independence Dy, the High Court gave these observations.

Justice Modak said that the Scheme "Release Under Trial Review Committee (UTRC)  75" has two aspects, one is to approach the district court for bail and the other is the actual passing of an order.

Justice Modak observed that "It is true that it is the discretion of the court concerned; whether to grant bail or not. Such discretion cannot be taken away by any Act."

He further said that the Scheme has been framed to bring the spotlight on the number of undertrials languishing in jail for years and Maharstra SLSA was successful in bringing attention to the applicant's case. 

The Court observed that the court while dismissing the bail of the accused MA Jadhav, observed that he had attempted to kill four witnesses.

It was argued by the accused's advocate Hrishikesh Chavan that if the merit of the case is considered the scheme would be defeated since the scheme is carved out for the accused who are above the age of 65 years which was opposed by the State by saying that the merits of the case is required to be considered.

The Court while dismissing the bail plea directed the trial to be expedited, keeping in mind that he falls in the 65-plus age group under the Scheme.