Ensure Bail Applications Are Listed At The Earliest; Personal Liberty At Stake : Supreme Court To All High Courts

The Supreme Court on Monday (December 11) expressed serious concerns over the delay in consideration of anticipatory bail/ regular bail applications by High Courts. The bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite repeated judicial pronouncements of the Apex Court, lack of efficiency in listing and disposal of anticipatory bail applications gravely injures the personal liberties of the applicants hoping to seek urgent reliefs.

While passing its order, the Bench, given the recurrent delays in different courts, directed the Registry to send a copy of the order to the Registrar General and all concerned of all High Courts to ensure that listing of bail and anticipatory bail applications is done at the earliest.

It was observed, “This Court 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….Virtually, this Court deprecated the practice of admitting the bail applications and thereafter deferring decisions on it unduly…In view of the recurrence of the said situation in different courts, the Registry shall send a copy of this order to the Ld. Registrar General and all concerned of all High Courts so as to ensure listing of bail applications/ anticipatory bail applications at the earliest.”

The matter before the bench pertained to an interim order passed by a Single Judge bench of the Chhattisgarh High Court on December 6 concerning the anticipatory bail application of the petitioner accused for offences under sections 420, 467, 468, 409, 471 and 34 of the Indian Penal Code.

As per the said order, the matter was taken up for consideration and the case diary was also called for, however instead of mentioning any specific date for the next hearing, the order reads “List this case in its chronological order”.

Depracting this approach,  the Bench observed, “When the matter would be placed before the Court for further consideration, in such circumstances, is nothing but a matter of guess. We have no hesitation to hold that such an order sans definiteness in the matter relating to anticipatory bail/regular bail, that too after admitting the matter, would definitely delay due consideration of the application and such an eventuality will be detrimental to the liberty of a person. It is a matter of concern that despite repeated orders, the same situation continues.”

The Court further granted interim protection to the petitioner in the Criminal SLP and requested the Learned Single Judge of the High Court to render an expeditious disposal of the pending application “preferably within a period of four weeks from the receipt/ production of this Order”.

Having heard the Sr. Advocate Mr. Sidharth Luthra (appearing for the petitioners) at length, the Court disposed of the matter clarifying “We also make it clear that the grant of interim protection shall not influence the consideration of the bail application moved by the petitioner and it shall be considered on its own merits.”

Earlier in February 2022 a three-judge bench headed by Chief Justice NV Ramana made similar observations on the issue of indefinite adjournments in anticipatory bail matters by Chhattisgarh High Court. Disapproving the approach adopted by the High Court, the bench in its order stated, “Not giving any specific date, particularly in a matter relating to anticipatory bail, is not a procedure which can be countenanced. We are of the considered view that this type of indefinite adjournment in a matter relating to anticipatory bail, that too after admitting it, is detrimental to the valuable right of a person”.

Case Details: Kavish Gupta v. State of Chhattisgarh SLP (Crl.) no. 16025/2023 with SLP (Crl.)no. 16047/2023

Citation : 2023 LiveLaw (SC) 1062

Click here to read the order