Supreme Court suggests steps for speedy disposal of bail pleas in HCs

The Supreme Court has directed High Courts to ensure timely disposal of bail pleas and avoid casual adjournments in matters involving personal liberty

The Supreme Court on Monday laid down a series of measures to ensure quicker adjudication of bail applications pending before High Courts across the country.

 

A Bench led by Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi said High Courts and investigating agencies must work in coordination to secure timely disposal of bail pleas while balancing the interests of victims.

 

“High Courts and investigating agencies shall adopt a collaborative approach to ensure timely disposal of bail applications without affecting victim rights,” the court observed.

 

The Bench stressed that High Courts should prescribe outer timelines for deciding bail matters and cautioned against routinely granting adjournments to the Union or state governments.

 

 

“Practice has to be developed to not grant Union or states casual adjournments, reminding them of the court's solemn duty, which is to protect the fundamental rights,” it said.

 

To streamline the process, the court directed High Courts to institutionalise regular listing of bail matters on a weekly or fortnightly basis, with provision for automatic relisting every two weeks. It further ordered that fresh bail applications should be listed either on alternate days or within a week of filing.

 

The court also sought to curb procedural delays by directing that status reports be filed before the first hearing itself. Lawyers filing bail pleas were instructed to serve advance copies on the office of the advocate general or the designated state agency.

 

In a significant procedural change, the Bench said the existing practice of issuing notice at the admission stage should be discontinued. It further directed that bail applications left unheard on a given date must be automatically relisted.

 

The directions came in a matter concerning delays in disposal of bail pleas before the Punjab and Haryana High Court. The Supreme Court had earlier expressed concern over the mounting pendency of bail and anticipatory bail applications across High Courts, noting that pleas involving personal liberty were being adjourned repeatedly and left pending for months.

 

In February this year, the top court had voiced “extreme disappointment” over the handling of such matters and had asked Chief Justices of High Courts to devise mechanisms for time-bound adjudication.

 

Addressing systemic hurdles, the Bench also turned its attention to delays in forensic reports.

 

It noted that despite the establishment of forensic science laboratories, delayed reports continue to impede bail proceedings. “High Court Chief Justices are to take up matter with states so that FSL reports are delivered within reasonable time,” the court directed.

 

The Bench additionally highlighted the responsibilities of investigating officers in victim-centric cases, cautioning that lapses during investigation could weaken the prosecution’s case at the stage of bail.

 

“Investigating officers in victim-centric cases have to realise that in some matters, any laxity on their part may lead to grant of bail to accused/suspects,” the court held.