SC criticises HC orders fixing time limits for trial while denying bail

Deprecating the orders passed by the high courts fixing a time-bound schedule for conclusion of trial while rejecting bail applications, the Supreme Court has said such directions were difficult to implement and give a false hope to the litigants.

The apex court said such directions adversely affect the functioning of the trial courts as in many trial courts, there may be pending older cases of the same category.

"Before we part with this order, every day we notice that in several orders passed by different high courts while rejecting the bail applications, in a routine manner, the high courts are fixing a time-bound schedule for the conclusion of the trials," said a bench of Justices Abhay S Oka and Augustine George Masih.

The top court passed the order while granting bail to a man, who has been incarcerated for two and a half years in a case of alleged counterfeit currency notes.

While granting him the relief, the bench noted that trial was not likely to conclude in a reasonable time and the appellant deserves to be enlarged on bail following the well-settled rule that "bail is rule and jail is an exception".

It said every court has criminal cases pending which require expeditious disposal for several reasons such as requirement of the penal statutes, long incarceration, age of the accused etc.

"Only because someone files a case in our constitutional courts, he cannot get out of turn hearing. Perhaps after rejecting the prayer for bail, the courts want to give some satisfaction to the accused by fixing a time-bound schedule for trial," the bench observed.

"Such orders are difficult to implement. Such orders give a false hope to the litigants," the bench said in its November 25 verdict.

It said if in a given case, in law and on facts, an accused is entitled to bail on the ground of long incarceration without the trial making any progress, the court must grant bail.

The bench said the option of expediting the trial was not the solution.

Referring to a constitution bench verdict, the apex court said it was held that in the ordinary course, the constitutional courts should refrain from fixing a time-bound schedule for disposal of cases pending before any other courts.

"A direction which can be issued in exceptional circumstances is being routinely issued by high courts without noticing the law laid down by the constitution bench," the bench said.

The bench asked the apex court registry to forward a copy of its order to the registrar generals of all the high courts with a request to them to circulate it to all the judges of the high court.

It directed that the appellant be produced before the trial court within a week.

It said the trial court shall enlarge him on bail till the conclusion of trial on appropriate terms and conditions, including cooperating in expeditious conclusion of the case.