‘Decide Bail Pleas In 2 Weeks, Ensure Strict Compliance Of SC's 'Satender Kumar Antil' Judgment’: Allahabad HC To District & Sessions Judges

In a letter written by the Registrar General of the High Court, the District and Sessions Judges in Uttar Pradesh have been directed to dispose of the Bail Applications within two weeks and strictly follow SC’s Judgment in Satender Kumar Antil (supra).

The letter further refers to the recent order of the Supreme Court wherein the top Court has taken serious note of the Judicial Officers of their dealing with the matter of bail matters in a lackadaisical manner even after clear directions issued in regard time and again.

Significantly, in March this year, the Supreme Court was irked to note that even after 10 months of the judgment being passed, the District judiciary is not complying with directions issued in Satender Kumar Antil (supra), wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b)creating further litigation, both of which the Court believed could not be countenanced.

A displeased Apex Court stated that if magistrates are passing orders in derogation of the law laid down in the said judgment, they may be required to be sent to judicial academies for the upgradation of their skills. The High Court having supervision over the District judiciary was also advised to ensure that the law laid by the Supreme Court is followed.

“...in our view it is the duty of the High Courts that it ensures that the subordinate judiciary under their supervision follows the law of the land. If such orders are being passed by some Magistrates it may even require some judicial work to be withdrawn and the magistrate to be sent to judicial academies for upgradation of their skills.”

Justice SK Kaul noted, “The District judiciary is under the supervision of the High Court. It is the High Court duty to guide them, educate them.”

In view of these directions and remarks and on the basis of directions issued by the Supreme Court, the High Court last week issued the following directions to all the courts dealing with criminal matters:

1. Compliance with section 309 CrPC shall be made in letter and spirit.

2. Unnecessary adjournments shall strictly be curtailed.

3. Investigating agencies and their officers are duty-bound to comply with the mandate of sections of 41 and 41-A of CrPC and with the directions issued by Hon'ble Apex Court in the matter of Arnesh Kumar vs. the State of Bihar (2014) 8 SCC 273. Any dereliction of their part has to be bought to the notice of higher authorities by the courts followed by appropriate action.

4. The courts shall have to satisfy themselves on the compliance of sections 41 and 41-A of the code. Any non-compliance would entitle the accused to grant bail.

5. There need not be any insistence on a bail application while considering the applications u/s 88, 170, 204 and 209 of the Code.

6. The mandate laid down by the Hon'ble Supreme Court in the matter of Siddharth Vs State of U.P. (2021) 1 SCC 676, shall strictly be complied with.

7. Appropriate action will have to be taken in light of section 440 of the Code to facilitate the release of undertrial prisoners who are not able to comply with the bail conditions.

8. An exercise will have to be done by the courts in a similar manner to comply with the mandate of section 436-A of the code as directed by the Hon'ble Supreme Court in the matter of Bhim Singh vs Union of India (2015) 13 SCC 605.

9. Bail applications ought to be disposed of within a period of two weeks except if the provisions mandate otherwise, with the exception being and intervening applications. Applications for anticipatory bail are excepted to be disposed of within a period of six weeks with the exception of any intervening application.

10. It is the bounden duty of the subordinate judiciary to follow the law of the land and even after if the people are sent to judicial custody where they are not required to be sent and if aggrieved parties move further litigation on account of the same, the Magistrates may be withdrawn from judicial works and be sent to the judicial academies for upgradation of their skill for some time.

The letter requests the District and Sessions Judges to monitor the strict compliance of the guidelines and to submit compliance reports to the concerned Administrative Judge on a monthly basis.