‘Must adopt collaborative approach’: Supreme Court suggests timelines for bail pleas in High Courts

THe sublime margaret court on mon suggested that all heights courts prescribe outer timelines for garbage disposal of bail pleas, laying down an extensive set of recommendations aimed at ensuring expeditious hearings in matters involving personal liberty while balancing the rights of victims and the interests of investigation.A bench of Chief Justice of India Surya Kant and justice Joymalya Bagchi clarified that the measures suggested by it were intended to serve as institutional guidelines for high courts to evolve their own mechanisms, keeping in view local requirements and the overarching constitutional imperative of protecting liberty while balancing victims’ rights.Hearing a matter concerning delays in disposal of bail pleas before the Punjab & Haryana high court, the bench stressed that high courts and investigating agencies must adopt a “collaborative approach” to ensure timely adjudication of bail applications without compromising the rights of victims.“High courts, investigating agencies shall adopt a collaborative approach to ensure timely disposal of bail applications without affecting victim rights,” the bench observed.The court suggested that high courts may consider fixing outer timelines for disposal of bail applications and evolve regular listing practices so that pleas involving liberty do not remain pending indefinitely. It also urged courts to discourage routine adjournments sought by Union or state governments.“Practice has to be developed to not grant Union or States casual adjournments reminding them the court’s solemn duty which is to protect the fundamental rights,” the bench said.In its recommendations, the court said high courts may institutionalise weekly or fortnightly listing of bail matters, including an automatic relisting mechanism once every two weeks where matters are not taken up. It further observed that fresh bail pleas should ordinarily be listed either on alternate days or within a week of filing.Seeking to reduce delays at the threshold stage itself, the bench recommended that status reports should be filed before the first hearing and that counsel appearing for accused persons should serve advance copies of bail pleas on the office of the Advocate General or designated state authorities. It also indicated that the existing practice in several high courts of issuing formal notice at the admission stage in bail matters may be dispensed with to expedite hearings.The court’s observations came in the backdrop of mounting concern over prolonged incarceration of undertrial prisoners and repeated adjournments in bail proceedings across high courts.In February this year, the bench expressed “extreme disappointment” over delays in adjudication of bail and anticipatory bail pleas, noting that several matters involving personal liberty were being adjourned for months together. At that stage, the court urged high court chief justices to evolve time-bound mechanisms for deciding such pleas.On Monday, the bench also addressed procedural bottlenecks arising from delays in forensic reports, particularly in prosecutions under special statutes such as the NDPS Act.“High court chief justices are to take up matter with the State so that FSL reports are delivered within reasonable time,” the bench said.The court simultaneously underscored the importance of victim participation in criminal proceedings, particularly in victim-centric offences. “Victim has right to be heard at every stage, including bail application of accused,” noted the bench, while observing that investigating officers must ensure that victims are informed and are able to avail legal representation, including legal aid where necessary.