The High Court has the power to make rules for the administration of justice, and such rules are valid as long as they are not arbitrary, oppressive, or inconsistent with the provisions of the Cr. P. C.

M. N. Shukla, J. :- Admit. Issue notice.

The respondents do not propose to file counter-affidavit in this writ petition. The matter is of general importance, hence we proceed, with the consent of the parties, to decide the case finally.

2. Shri Ramesh Chandra Kapil, a practising Advocate at Allahabad, has chosen to assume the role of petitioner as he feels greatly aggrieved by the rigour of the High Court Rule framed by this Court under Art. 225 of the Constitution. The provision under challenge in this case is one relating to applications for bail presented in the High Court. The relevant rule is R. 18 of Chap. XVIII of the Rules of Court. It reads as under : -

"18. Application for bail (1) No application for bail shall be entertained unless accompanied by a copy of judgment or order appealed against or, sought to be revised and a copy of order passed by the Sessions Judge on the bail application for the applicant and unless the accused has surrendered except where he has been released on bail after conviction under S. 389 (3) of the Criminal P. C. 1973.

Explanation : -The copy of the order, refusing bail passed by the Sessions Judge shall either be a certified copy or the copy furnished by the Sessions Judge free of: charge to the accused.

(2) Every application for bail in a case which is under investigation or which is pending in a lower court shall state whether application for bail had or had not been previously made before the Magistrate and the Sessions Judge concerned and the results of such application, if any.

(3) Save in exceptional circumstances : -

(a) No order granting bail shall be made on an application unless notice thereof has been given to the Government Advocate and not less than ten days have elapsed between the giving of such notice and the hearing of such application.

(b) If the application for bail has not been moved within two days after the expiry of the aforesaid period of ten days, the applicant or his counsel shall give two days previous notice to the government advocate as to the exact date on which such application is intended to be moved.

(c) Where the prayer for bail is contained in a petition of appeal or application for revision notice thereof may be given to the Government Advocate the same day prior to the hearing of such petition or application and the fact of such previous notice having been given, shall be endorsed on such petition or application. Along with such notice a certified copy or one attested to be true by the counsel, of judgment appealed from or sought to be revised shall also be given to the Government Advocate.

(4). ................

(5) ……………………

(6) .....................

3. It is sub-rule (3) (a) which is the main target of attack. It provides that no order granting bail shall be made unless notice thereof has been given to the Government Advocate and not less than ten days have elapsed between the giving of such notice and hearing of such application. In substance, it defers a decision in the matter of granting bail for a period of ten days from the date of giving notice to the Government Advocate. It was vehemently urged that the judicial processes and the instrumentality of law for giving redress to a person deprived of his personal liberty are set in abeyance by the mandatory requirement of this Rule. This is said to be repugnant to the principle of criminal jurisprudence that a person deprived of his liberty must be allowed to avail of his full legal remedy without any obstruction and there should be no lapse of time between the institution of judicial proceedings and the relief which may be available after hearing the matter in controversy. It was submitted that this rule by creating an impediment of ten days' notice prejudicially affects the right of every accused person who applies for bail. It is also pointed out that it is this cardinal principle of speedy and uninterrupted justice, which is also enshrined in the various provisions of the Cri. P. C. which enjoins a