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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Bhavesh Baldevbhai Desai/Rabari – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Sunita Agarwal, CJ.
1. This petition filed under Article 226 of the Constitution of India raises an important issue pertaining to the procedure being adopted by this Court as a long practice in issuance of “Rule” in bail matters, the applications filed under Sections 438 and 439 of the Code of Criminal Procedure, 1973 (in short as “Cr.P.C.). The petitioner herein is aggrieved by the pendency of the bail application, namely Criminal Miscellaneous Application No. 20917 of 2022, wherein order dated 16.11.2022 was passed issuing Rule returnable on 28.11.2022 when the learned Additional Public Prosecutor already waived service of notice of Rule for and on behalf of the respondent-State.
2. It is stated in the writ petition presented on 25.08.2023, that the bail application had not been decided even after 27 adjournments without the fault of the petitioner.
3. The issues as agitated by Mr. Asim Pandya, learned Senior Advocate assisted by learned advocates Mr. Gaurav Vyas and Mr. Shyam Shah appearing for the petitioner are:-
The court emphasized the constitutional right to timely bail hearings, mandating that bail applications be resolved within two weeks, aligning with the principles of justice and the presumption of in....
A direct application for bail to the High Court is permissible in exceptional circumstances, although the Sessions Court is the preferred forum for such applications.
The High Court has the authority to grant bail under Section 389(2) despite prior denials by subordinate courts, maintaining concurrent jurisdiction to enhance access to justice.
Anticipatory bail applications under S.438 must typically be filed in the Sessions Court first, unless exceptional circumstances are demonstrated.
General judicial directions regarding anticipatory bail procedures cannot impose mandatory requirements across all cases, emphasizing the need for individualized judicial discretion.
(1) Bail jurisprudence is a facet of a civilised criminal justice system. An accused is innocent until proven guilty by a competent court following the due process.(2) Delhi Liquor scam – Power to ar....
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
Rule 14. Specific responsibility of the State Government - (1) The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the vict....
Anticipatory bail can be granted even after a charge-sheet is filed, and inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process and secure justice.
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