SC: Bail Applications, Whether Pre-Arrest or Post-Arrest, Must be Decided as Soon as Possible

Supreme Court Law Insider

Priyanka Singh

Published on: September 15, 2022 at 20:39 IST

The Supreme Court quoted in a recent decision that bail applications must be disposed off as soon as possible.

The bench of Justices Ajay Rastogi and BV Nagarathna observed this while the consideration of a Special Leave Petition against an order passed by the High Court of Chhattisgarh where it had dismissed an interim relief pleaded in an anticipatory bail application.

The High Court had admitted the bail petition notified for the final hearing “in due course”.

With this, the Supreme Court asked the Chief Justice of the High Court to take judicial notice.

The Court stated, “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.” [Tulsi Ram Sahu vs. State of Chhattisgarh]

The Court noticed the same while passing an interim order in a Special Leave Petition (SLP).

The SLP has been granted to the petitioner by the High Court. The Apex Court bench further dismissed the SLP as being unfruitful.

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