The Supreme Court on Friday directed high courts to decide on bail applications within a period of two months, except in cases where “delay is attributable to the parties themselves”.
The bench of Justices J B Pardiwala and R Mahadevan stated that “applications concerning personal liberty cannot be kept pending for years while the applicants remain under a cloud of uncertainty.”
The order was made while upholding a Bombay High Court order dismissing anticipatory bail pleas of those accused in a case of cheating and forgery of property documents.
Justice Mahadevan, writing for the bench, said: “The consistent line of authority of this court makes it abundantly clear that bail and anticipatory applications must be decided expeditiously on their own merits, without relegating the parties to a state of indefinite pendency.” The court added that “prolonged delay in disposal not only frustrates the object of Code of Criminal Procedure, but also amounts to a denial of justice, contrary to the constitutional ethos reflected in Articles 14 and 21.”
The apex court asked the high courts to issue necessary administrative directions to subordinate courts to prioritise matters involving personal liberty and to avoid indefinite adjournments.
It said that investigating agencies are expected to swiftly conclude investigations in long-pending cases 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 ruled.
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The bench asked the SC Registrar to circulate a copy of the judgment to all high courts for immediate compliance and prompt administrative action.
