ORDER :

IN Suo Motu Writ Petition (Criminal)No. 4 of 2021

1. We have perused a detailed note submitted by Ms. Liz Mathew and Mr.Gaurav Agarwal, the learned senior advocates appointed as Amicus Curiae, assisted by Ms. Mallika Agarwal, Mr. Omkar Hemanth and Mr.Navneet R., learned counsel on the issue of "policy strategy for grant of bail". At the outset, we must compliment the learned senior advocates and their team for submitting such an exhaustive note.

2. This note addresses the issue of pending criminal appeals before various High Courts. The gravity of the issue of pending criminal appeals before the High Court can be gauged from the fact that, as of 22nd March 2025, according to figures provided by the High Courts, the total pendency of criminal appeals (appeals against conviction and acquittal) stands at 7,24,192. The major share of pendency is of the Allahabad High Court, where a total of 2,17,702 criminal appeals are pending. Madhya Pradesh High Court has a pendency of 1,15,382 criminal appeals. The Patna High Court has a pending criminal appeal backlog of 44,664 cases. The Punjab and Haryana High Court has a pendency of 79,326 criminal appeals. The Rajasthan High Court has a pendency of 56,455 criminal appeals. The Bombay High Court has a pendency of 28,257 criminal appeals. Even in some of the smaller states, pendency is on the higher side. Chhattisgarh has a pendency of 18,007 criminal appeals. Therefore, to put it mildly, this is a huge problem faced by the High Courts.

3. The note submitted by the learned Amicus Curiae highlights several issues and contains important constructive suggestions. These suggestions must be considered by all High Courts. Apart from these suggestions, a 'Model Action Plan for Reduction Of Arrears in the High Courts' has been prepared by the Committee to draft Model Case Flow Management Rules for the High Courts appointed by this Court. The Model Action Plan has been approved by the Hon'ble Chief Justice of India on the administrative side and has been forwarded to all High Courts, enabling them to work on the Plan and adopt it with suitable modifications. In addition to the Model Action Plan, in the meeting of the Committee for Model Case Flow Management Rules for the Trial Courts, District Appellate Courts and High Courts, a resolution has been passed making additions to the suggestions in the action plan, including a suggestion that as an one-time measure, physical verification of the cases pending in the High Courts should be made so that data accuracy is ensured. The resolution provides for making corrections to the entries in the data of the High Courts' websites, as well as the National Judicial Data Grid. We hope and trust that all High Courts adopt the Model Action Plan, which has multiple facets, including the preparation of a list of targeted cases that encompasses various categories of Criminal Appeals.

4. Apart from the Model Action Plan, the National Court Management System (for short, "NCMS") has undertaken an exercise of preparing a 'Baseline report on Case Management in the High Court and District Judiciary, 2024'. We direct the Registrar, in charge of the NCMS, to forward a copy of the said document to all the High Courts for their guidance and implementation. We are informed that this Baseline Report has been uploaded on the website of the Supreme Court.

5. Now, coming to the suggestions made by the learned Amicus Curiae, we agree with the conclusion that the vacancies in the High Courts have a direct impact and correlation with the pendency of criminal appeals. We also accept t