Supreme Court Suggests Measures for Speedy Disposal of Bail Pleas in High Courts

New Delhi, May 11: Expressing concern over the growing pendency of bail applications in high courts across the country, the Supreme Court on Monday suggested several measures to ensure their timely disposal, including automatic listing systems and fixing an outer timeline for hearings.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said it hoped that high courts, state governments and investigating agencies would work collaboratively to establish an effective mechanism for speedy adjudication of bail pleas while safeguarding the rights of victims.

The apex court clarified that its observations were not intended as criticism of any high court but were aimed at strengthening systemic efficiency in the justice delivery process.

The order came in a matter where the Supreme Court had earlier directed registrar generals of all high courts to furnish details regarding pending anticipatory and regular bail applications, including filing dates, hearing schedules and disposal status.

During Monday’s hearing, the bench noted that most high courts had submitted the required data and had already initiated steps for the timely disposal of bail matters.

However, the court observed that the pendency of bail applications in the Allahabad High Court remained “too large,” despite judges hearing hundreds of matters daily. It suggested that the chief justice and administrative committee of the Allahabad High Court devise a mechanism to ensure fixed hearing dates for bail pleas.

The bench further said that bail matters should be prioritised in the daily cause list.

The Supreme Court also pointed to delays in the Patna High Court, where bail applications were sometimes adjourned for long periods, and stressed the need for a similar corrective mechanism there.

Among the suggestions considered by the court were weekly or fortnightly listing of bail applications and the introduction of automated software systems ensuring that every bail plea is listed at least once every two weeks.

The court further recommended that status reports be mandatorily filed before the first hearing and served upon counsel representing investigating agencies.

It also suggested doing away with the practice of formally issuing notice and admitting bail applications before hearing them, favouring automatic listing instead.

“The high courts can also resolve to fix an outer timeline for the disposal of bail applications,” the bench observed.

The court emphasised that unnecessary or casual adjournments sought by government lawyers should be discouraged, reminding courts of their constitutional obligation to protect the fundamental right to life and personal liberty under Article 21 of the Constitution.

The bench also underlined the importance of timely forensic science laboratory (FSL) reports, particularly in cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Highlighting the role of investigating officers in victim-centric cases, the court said they must ensure that victims are informed, represented and able to participate effectively in proceedings.

The apex court additionally suggested the use of digital portals for uploading status reports to improve transparency and efficiency.

The issue regarding delay in disposal of bail pleas arose during the hearing of a petition challenging an order of the Punjab and Haryana High Court. Earlier, on February 4, the Supreme Court had directed all states to fully cooperate with high courts for early and time-bound adjudication of bail and sentence suspension applications.

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