Prolonged delay in disposal of regular and anticipatory bail pleas amounts to a denial of justice, the Supreme Court on Friday said and directed high courts to decide such applications within two months from the date of filing. Issuing a slew of directions, a bench of Justices JB Pardiwala and R Mahadevan said applications concerning personal liberty couldn’t be kept pending for years while the applicants remain under a “cloud of uncertainty”. The top court said regular and anticipatory bail applications must be decided expeditiously on merits without relegating the parties to a state of indefinite pendency. Prolonged delay in disposal not only frustrates the object of the criminal procedure code, but also amounts to a denial of justice, contrary to the constitutional ethos reflected in Articles 14 and 21, it added.
“High courts shall ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within a period of two months from the date of filing, except in cases where delay is attributable to the parties themselves,” the bench said. The top court also asked the High Courts to issue necessary administrative directions to district courts to prioritise matters involving personal liberty and to avoid indefinite adjournments.
“Investigating agencies are expected to conclude investigations in long-pending cases with promptitude so that neither the complainant nor the accused suffers prejudice on account of undue delay,” the bench said.