The Gujarat High Court has issued a directive to resolve regular bail matters within two weeks and anticipatory bail within six weeks, addressing delays in the proceedings.
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The Gujarat High Court has issued a directive aimed at expediting the resolution of regular bail matters within two weeks and anticipatory bail within six weeks. The move comes in response to a persistent issue of delays caused by High Court benches in finalizing bail matters.
Anticipatory bail –
Anticipatory bail is a safeguard that helps protect someone from false accusations. It allows a person to seek protection against arrest, particularly in situations where there may be personal or professional conflicts. This legal provision ensures the release of the accused before any arrest occurs, offering a defense against potential wrongful detention.
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A bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee took cognizance of the prolonged delays attributed to the traditional approach of admitting bail applications and scheduling final hearings weeks later. This practice, though prevalent, drew criticism from various quarters, including the Supreme Court, which voiced its concern after social activist Teesta Setalvad’s bail plea was adjourned for over six weeks.
Responding to a petition filed by Bhavesh Rabari from Patan challenging this practice, the bench underscored that the issuance of rules after waiving the service of notice by a government lawyer is contrary to legislative mandates and established legal precedents. The court referred to the Supreme Court’s ruling in the case of Satyendra Antil, emphasizing that regular bail applications should be disposed of within two weeks, and anticipatory bail pleas within six weeks.
“Magistrate and other courts, including HC benches in Gujarat, should strictly adhere to the SC order and the provisions of the criminal manual incorporated in 1977,”
– stated the HC bench, highlighting the need for expeditious resolution in accordance with established legal timelines.
Furthermore, the Gujarat High Court cited various legal authorities to reinforce the notion that the legislation grants unfettered discretion to courts in deciding bail applications, emphasizing that such discretion should be exercised based on the unique details of each case.
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The court expressed its view that it is not within the purview of the HC to lay down guidelines for judges on whether to relegate bail matters to trial courts once the police file a chargesheet during the pendency of applications.
However, the HC made it explicit that government lawyers cannot insist on relegating bail matters to lower courts. The decision to avail two chances for bail, as per the directive, lies solely with the applicants.
