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Supreme Court Proposes Measures for Swift Bail Disposal in High Courts

The Supreme Court on Monday proposed measures to speed up bail application disposal in High Courts, addressing concerns over significant delays and growing backlogs. A Bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi reviewed data from High Courts nationwide. While most courts had taken steps for timely processing, the Court highlighted severe pendency in some regions, especially the Allahabad High Court.

The Bench noted that despite judges handling hundreds of cases daily, the backlog at Allahabad remains too large. It urged the Chief Justice and Administrative Committee to create a system ensuring fixed hearing dates for bail applications. Similar issues were noted at Patna High Court, where adjournments often last months. The Court also referenced over 63,000 pending bail cases in Madhya Pradesh High Court, hoping many have since been resolved. It clarified these observations aim to improve efficiency, not criticize any High Court.

The Court recorded suggestions for streamlining bail hearings across High Courts. Proposals include automatic weekly or fortnightly listing via software, mandatory status reports before hearings, and advance service of petitions to government offices. It recommended listing fresh applications within a week, with mandatory government representation and automatic re-listing if not heard. The Bench stressed avoiding unnecessary adjournments by government counsel, reminding courts of their duty to fundamental rights.

The Court addressed delays in NDPS Act bail cases due to missing forensic reports, urging High Court Chief Justices to ensure timely lab submissions. It emphasized victims' rights, stating investigating officers must enable victim participation and legal aid. The Bench suggested digital portals for status reports and called for collaboration among State governments, High Courts, and agencies to create a robust mechanism for timely bail disposal while protecting victims' rights. Last year, the Supreme Court had directed High Courts to resolve bail matters within two months of filing.

Read the original article here: www.livelaw.in