This story is from February 13, 2024

Finish regular bail matter in 2 weeks: High court

The HC called for strict adherence to the SC order and the provisions of the criminal manual. It also stated that the exercise of discretion in deciding bail applications should depend on the details of each case. The HC clarified that the practice of referring bail matters to lower courts does not have its approval.
Finish regular bail matter in 2 weeks: High court
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AHMEDABAD: Gujarat HC on Monday passed an order directing all courts to try and complete a regular bail matter in two weeks' time and anticipatory bail within six weeks.
A bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee dealt with long-pending issue of delay caused by HC benches in finalising bail matters, as they used to admit bail applications and post them for final hearing after 3-4 weeks.
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However, following repeated complaints and a remark from Supreme Court on this subject after social activist Teesta Setalvad's bail plea was adjourned for over six weeks, HC took an administrative decision to do away with the practice of admitting bail applications, for there is no legal provision for this.
In response to a petition filed by one Bhavesh Rabari from Patan against this practice, the bench observed that issuance of rule even after waiver of service of notice by a govt lawyer is a routine manner contrary to legislative mandate and law laid down by SC in case of Satyendra Antil, in which SC said regular bail applications ought to be disposed of in two weeks and anticipatory bail pleas in six weeks. "Magistrate and other courts including HC (benches) in Gujarat should strictly adhere to SC order and criminal manual's provisions incorporated in 1977," HC said.
HC also cited various authorities to assert that legislation has vested unfettered discretion on courts to decide bail application and it should be exercised depending upon details of each case. It said that it is not proper for HC to lay down a guideline for judges on whether to relegate bail matters to trial court once police file chargesheet during pendancy of applications. But this practice of referring bail matters to lower courts "has not got seal of approval" from HC. However, HC made it clear that govt lawyers cannot insist on relegating bail matters to lower court, and it is strictly up to applicants whether to avail two chances for bail.
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