Bail plea should be decided quickly and should not be postponed after a stipulated time: Supreme Court

Bail plea should be decided quickly and should not be postponed after a stipulated time: Supreme Court

 The Supreme Court reiterated that bail applications should be decided at the earliest and should not be postponed beyond the due date.

 A bench of Justices Ajay Rastogi and BV Nagarathna observed thus while considering a special leave petition against an order passed by the Chhattisgarh High Court rejecting the interim relief prayed for in an anticipatory bail application.  The High Court had accepted the bail plea and posted the case for final hearing 'in due course'.

 The bench said that this is an unusual practice and which this court has never seen.  The bench then requested the Chief Justice of the High Court to make judicial comments on the issue.  The court said, "At least the bail application whether it is pre-arrest bail or post-arrest bail (under section 438 or section 439 of CrPC) should be decided as soon as possible. However, we have to wait for its disposal."  No directions should be given.

 Case Title: Tulsi Ram Sahu vs. State of Chhattisgarh.  2022 Livelaw (SC) 764