The Supreme Court while taking serious note in a matter arising from the High Court of Chhattisgarh, held that the Bail Applications must be decided expeditiously and the Court shall not post the Bail Applications in due course of time. This observation of the Supreme Court came in a petition where Justice Deepak Kumar Tiwari had passed the following order in a bail application:-

“Considering the facts and circumstances of the case, I am not inclined to grant ad-interim bail to the applicant.
Accordingly, I.A. No. 01/2022 is dismissed.
Heard.
Admit.
Call for the records.
State counsel is directed to obtain criminal antecedent of the applicant.
Post the matter for final hearing in due course.

Sd/-
(Deepak Kumar Tiwari)
Judge “

Anguish by this order, the Division Bench of the Supreme Court consisting of Justice Ajay Rastogi and Justice B.V. NAGARATHNA passed the following order:-

Ordinarily, this Court where there is refusal to grant interim relief is not inclined to interfere but this is somewhat peculiar facts brought to the notice of this Court where the applicant who approached for seeking anticipatory bail the learned Judge of the High Court while admitting the bail petition dismissed the interim relief and posted the matter for hearing in due course.

This is an unusual practice and which this Court has never come across. Earlier also, this practice being followed in the High Court of Chhattisgarh was deprecated by this Court in SLP(Crl.) No. 1247/2022 dated 21.02.2022.

We also disapprove such practice and request the Chief Justice of the High Court to take a judicial note and at least the bail applications whether it is pre-arrest bail or post-arrest bail (under Section 438 or 439 of the Code) must be decided as expeditiously as possible. Although we are not supposed to give any guidelines for the disposal of the bail applications but at the same time we always expect that bail applications must be decided as expeditiously as possible and not to be posted in due course of time. 

Read the Full Order:-

https://main.sci.gov.in/supremecourt/2022/7933/7933_2022_9_19_38031_Order_08-Sep-2022.pdf

Case Details:-

SLP (Crl) No. 2564/2022

TULSI RAM SAHU Petitioner(s)
 VERSUS
THE STATE OF CHHATTISGARH Respondent(s)