“However, a right to contest the election cannot imply that the candidate gets a right to be released from jail for canvassing as a candidate for being elected. If the candidate is in custody for an alleged offence, it would be the discretion of the Court to release him or not, depending on the facts and circumstances of the case,” it said.
The bench held that when a person in custody fills up a nomination as a candidate, he does not get a vested right to be released for canvassing.He runs the risk if not released on bail to contest election from custody.
“Though the fact that the candidate has to contest the election may be a relevant factor for grant of bail, but that is not the only consideration. Bail to an accused contesting election cannot be granted as it dehors the parameters of grant of bail laid down by the Supreme Court in various decisions”
The high court set aside the order, terming it ex facie illegal.
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