Expressing concerns over mounting pendency and repeated delays in listing, Court gave suggestions to High Courts to strengthen systemic efficiency.
Key Suggestions
- Listing: Bail matters to be listed on weekly or fortnightly basis through an automatic software-based mechanism.
- Fresh applications to be listed on alternate days or within a week of filing, with mandatory representation from Union or State.
- Automatic re-listing of matters not be taken up, fixation of an outer timeline for disposal.
- Status Reports: Mandatory filing of status reports before first hearing, and advance service of bail petitions by Advocate General or designated government agencies.
- Discourage Causal/Avoidable Adjournments: Sought by government counsels.
Need for Expediting Disposal of Bail Applications
- Upholding Fundamental Rights: Article 21 of Constitution guarantees right to life and personal liberty and Bail serves as mechanism to ensure this liberty is not arbitrarily curtailed prior to conviction.
- Overcrowding of Prisons: Occupancy rate in prisons stood at 112.7% in 2024 with around 3.7 lakh undertrial prisoners (Prison Statistics India, 2024).
- Upholding Indian criminal jurisprudence: SC has in multiple cases upheld the principle of “bail is the rule and jail is the exception”.
Legal Provisions Concerning Bail
- Bail in bailable offence [Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023]
- Section 478: Person accused of a bailable offence at any time while under arrest without a warrant and at any stage of the proceedings has the right to be released on bail.
- Section 479(1) : Release on bail for individuals who have undergone detention for up to one-half of the maximum imprisonment period specified for the offense.
