The Supreme Court of India has recently expressed serious concerns over the delays in the consideration of bail applications by High Courts, emphasizing the critical nature of these matters as they pertain to the liberty of individuals. In a significant order, the apex court has directed all High Courts to expedite the listing and disposal of bail and anticipatory bail applications.
A bench comprising Justices C.T. Ravikumar and Sanjay Kumar, while dealing with a cheating and forgery case, underscored the urgency of these matters. The bench stated,
“This court has held and reiterated that decisions on anticipatory bail applications/bail applications are concerned with the liberty and therefore, shall be taken up and disposed of, expeditiously.”
The Supreme Court had previously reiterated this view in 2022, deprecating the practice of admitting bail applications and then unduly deferring decisions on them.
The bench, observing the recurrence of delays in different courts, directed the Registry to send a copy of this order to the Registrar General and all concerned of all High Courts to ensure the earliest listing of bail applications. The matter before the bench pertained to an interim order passed by a Single Judge bench of the Chhattisgarh High Court concerning an anticipatory bail application. The High Court had ordered the case to be listed in its chronological order without specifying a date for the next hearing, leading to uncertainty and potential delays.
The Supreme Court bench criticized this approach, stating,
“When the matter would be placed before the Court for further consideration, in such circumstances, is nothing but a matter of guess.”
The bench further expressed its concern,
“It is a matter of concern that despite repeated orders, the same situation continues.”
In response to this situation, the Supreme Court granted interim protection to the petitioner in the Criminal SLP and requested the Learned Single Judge of the High Court to dispose of the pending application expeditiously, preferably within four weeks from the receipt or production of the Supreme Court order. Senior Advocate Mr. Sidharth Luthra, appearing for the petitioners, was heard at length before the matter was disposed of. The Court clarified that the grant of interim protection should not influence the consideration of the bail application, which should be considered on its own merits.
This directive from the Supreme Court comes in the wake of similar observations made by a three-judge bench headed by Chief Justice NV Ramana in February 2022. The bench had disapproved of the approach adopted by the Chhattisgarh High Court in indefinitely adjourning anticipatory bail matters, stating,
“Not giving any specific date, particularly in a matter relating to anticipatory bail, is not a procedure which can be countenanced.”
The Supreme Court’s recent order highlights the importance of timely judicial decisions in matters of personal liberty and seeks to address the issue of prolonged delays in the adjudication of bail applications across the country.
