The Supreme Court has asked all high courts to expeditiously dispose of all regular bail and anticipatory bail applications of accused persons, saying it involved the personal liberty of citizens guaranteed under Article 21 of the Constitution.

The apex court regretted that despite repeated directions by it on earlier occasions, the same situation continues to exist wherein anticipatory and regular bail plea applications of accused persons get unduly delayed, keeping accused persons in prolonged incarceration.

“This Court held and reiterated that decisions on anticipatory bail applications/ bail applications, are concerned with the liberty and therefore, shall be taken up and disposed of, expeditiously. On 21.02.2022 in SLP (Crl) No.1247/2022, a Bench of three Judges of this Court reiterated the same view. Virtually, this Court deprecated the practice of admitting the bail applications and thereafter deferring decisions on it unduly," the bench of Justices C.T. Ravi Kumar and Sanjay Kumar said in a recent order.

"The case on hand reveals recurrence of such a situation despite the repeated pronouncements of this Court on the very issue. In the case on hand, the petitioner who is accused No. 1 in FIR No. 218/2023 of Police Station Vidhan Sabha, Raipur, Chhattisgarh, registered under Section 420 read with Section 34 of the Indian Penal Code, 1860. Later, Sections 467, 468, 409 and 471, IPC, were also added,” the bench said.

The top court referred to the argument of senior advocate Sidharth Luthra, appearing for one of the accused, that when the matter came up for hearing on December 6 before the high court, the latter listed the matter for further hearing on an unspecified date instead of taking up the bail plea expeditiously, rendering the appeal virtually infructuous.

Taking exception to the high court’s order, the Supreme Court said in a written order:

“Heard Mr Sidharth Luthra, learned Senior Counsel appearing for the petitioner, at length. The afore stated order would reveal that on 06.12.2023, the matter was taken up for consideration and after hearing the petitioner, it was admitted and the case Diary was called for. At the same time, it's discernible from the order that the case was not specifically posted to any date. What was ordered was to list the matter in its chronological order. When the matter would be placed before the Court for further consideration, in such circumstances, is nothing but a matter of guess.

"We have no hesitation to hold that such an order sans definiteness in the matter relating to anticipatory bail/ regular bail, that too after admitting the matter, would definitely delay due consideration of the application and such an eventuality will be detrimental to the liberty of a person. It is taking into account such aspects that this Court held that such matters pertaining to personal liberty shall be taken up and decided at the earliest. It is a matter of concern that despite repeated orders, the same situation continues.”

The court passed the order after Luthra brought to the bench’s notice instances where persons seeking anticipatory bail before the high court have been arrested by police before their applications were considered by the court, rendering the bail applications infructuous.

While asking the high courts to expeditiously deal with both anticipatory and regular bails, the apex court said: “Hence, we request the learned Single Judge of the High Court (Chhattisgarh) to dispose of the pending anticipatory bail application, pending adjudication before him, on its own merits and in accordance with law, expeditiously and preferably within a period of four weeks from the receipt/ production of this Order."

"Till such time, we grant interim protection from arrest to the petitioner. We also make it clear that the grant of interim protection shall not influence the consideration of the bail application moved by the petitioner and it shall be considered on its own merits,” the bench said.

It added: “In view of the recurrence of the said situation in different courts, the Registry shall send a copy of this order to the Ld. Registrar General and all concerned of all the High Courts so as to ensure listing of bail applications/ anticipatory bail applications at the earliest.”