Decide on bail pleas within two months, SC tells HCs, Pg6
Supreme Court mandates two-month bail plea decisions by High Courts, prioritizing personal liberty and reducing indefinite pendency, reinforcing Articles 14 & 21.
The Supreme Court directed High Courts to decide bail applications within two months, except when delays are due to the parties involved.
The order emphasizes that personal liberty applications should not be pending for years.
The ruling came while upholding a Bombay High Court order related to a cheating and forgery case.
The court highlighted that prolonged delays frustrate the Code of Criminal Procedure and violate Articles 14 and 21 of the Constitution.
Detailed Insights:
The Supreme Court has consistently emphasized the need for expeditious decisions on bail and anticipatory bail applications.
Prolonged delays in resolving bail matters can lead to a denial of justice and infringe upon the fundamental right to liberty.
High Courts are instructed to issue administrative directions to subordinate courts, prioritizing cases involving personal liberty and avoiding unnecessary adjournments.
Investigating agencies are expected to expedite investigations in long-pending cases to prevent prejudice to both complainants and accused individuals.
High Courts are urged to develop mechanisms to prevent the accumulation of pending bail applications, ensuring the liberty of citizens is not unduly restricted.
Key Concepts Involved:
Anticipatory Bail: Bail granted to a person in anticipation of an arrest.
Article 14: Guarantees equality before the law and equal protection of the laws within the territory of India.
Article 21: Protects the right to life and personal liberty.