NEW DELHI: The Supreme Court has directed all the State High Courts and trial courts across the country to take up bail pleas within a short time frame, preferably within two months.
A bench of Justices J B Pardiwala and Justice R Mahadevan, said the High Courts shall ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within a period of two months from the date of filing, except in cases where delay is attributable to the parties themselves.
The court's direction came on an appeal filed by the appellant, Anna Waman Bhalerao and another against a Bombay High Court order dismissing his anticipatory bail in a cheating and forgery case.
The court noted the matter of bail was kept pending before the High Court for several years, though interim protection was granted to the accused.
It directed the High Courts to come up with mechanism to avoid accumulation of pending bail and anticipatory bail applications, emphasising the applications concerning personal liberty cannot be kept pending for years, as the accused continue to remain under a cloud of uncertainty.
The apex court remarked prolonged delay -- in disposing of regular and anticipatory bail pleas -- not only frustrates the object of the Code of Criminal Procedure (CrPC) but also amounts to a denial of justice.
The bench issued a slew of directions, saying regular and anticipatory bail applications must be decided expeditiously on merits without relegating the parties to a state of indefinite pendency.
The court passed the following directions in this regard.
- HCs shall ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within a period of two months from the date of filing, except in cases where de attributable to the parties themselves.
- HCs shall issue necessary administrative directions to subordinate courts to prioritise matters involving personal liberty and to avoid indefinite adjournments.
- Investigating agencies are expected to conclude investigations in long pending cases with promptitude so that neither the complainant nor the accused suffers prejudice on account of undue delay.
- Being the highest constitutional fora in the States, High Courts must devise suitable mechanisms and procedures to avoid accumulation of pending bail / anticipatory bail applications and ensure that the liberty of citizens is not left in abeyance. In particular, bail and anticipatory bail applications shall not be kept pending for long durations without passing orders either way, as such pendency directly impinges upon the fundamental right to liberty.
The court stated, being the highest constitutional fora in the States, HCs must ensure that the liberty of citizens is not left in abeyance. In particular, bail and anticipatory bail applications shall not be kept pending for long durations without passing orders either way, as such pendency directly impinges upon the fundamental right to liberty.
The court directed the Registrar (Judicial) to circulate a copy of this judgment to all High Courts for immediate compliance and prompt administrative action.
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