‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

The issue came up before the CJ-led bench today after Senior Advocate and former GHCAA President Asim Pandya sought urgent circulation of a matter concerning the practice in question.

“We are working out, don’t worry. I have fixed a meeting on October 3 with the Public Prosecutor and the Advocate General and we are working out that this practice is done away with…I am taking the issue very seriously,” Chief Justice Agarwal informed Senior Advocate Pandya.

She added that after 24 hours (for the matters related to the city of Ahmedabad) and 48 hours (for other districts), the Public Prosecutor must be ready to argue on bail matters as sometimes the matters are adjourned and then PPs get sufficient time.

Senior Advocates Yatin Oza and Pandya also added that as per the HC rules the bail matters shall be heard, at most, within 48 hours.

Importantly, Senior Counsel Pandya also added that there is another issue which needs the Court’s attention wherein the HC sends back the parties seeking bail to sessions Court in cases where a chargesheet has been filed.

CJ, however, said that she would be dealing with the issue of the practice in question of issuance of rule nisi in bail matters and that in case she requires assistance in the matter, she would seek the opinion of the senior counsels.

Last year, the Supreme Court reiterated that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.

The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by the Chhattisgarh High Court dismissing an interim relief prayed in an anticipatory bail application.

The High Court had admitted the bail petition and posted the matter for final hearing 'in due course'.

“At least the bail applications whether it is pre-arrest bail or post-arrest bail (under Section 438 or 439 of the Code) must be decided as expeditiously as possible. Although we are not supposed to give any guidelines for the disposal of the bail applications but at the same time we always expect that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.", the top court said.