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SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Rup Bahadur Magar @ Sanki @ Rabin – Petitioner
Versus
The State of West Bengal – Respondent
Petition for Special Leave to Appeal (Crl.) No. 11589 of 2024
Decided On : 02-09-2024
Criminal Procedure Code, 1973 – Section 439 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483] – Bail – Notwithstanding pronouncement of law by Constitution Bench of Supreme Court, several High Courts while rejecting bail applications, are fixing time-bound schedule for conduct of trials – It cannot be that bail is denied on the ground that trial will be disposed of in a time-bound schedule – As a matter of rule, Constitutional Courts should not fix a time-bound schedule for conduct of cases before Trial and other Courts – Said approach can be adopted only in very exceptional cases. (Para 2)
Result : Notice issued.
ORDER :
1. Applications for exemption from filing a certified copy of the impugned judgment are allowed.
2. Delay condoned.
3. In the case of High Court Bar Association, Allahabad vs. State of U.P. and Others, (2024) 6 SCC 267 a Constitution Bench of this Court has taken a view that as a matter of rule, the Constitutional Courts should not fix a time-bound schedule for conduct of cases before the Trial and other Courts and the said approach can be adopted only in very exceptional cases. Notwithstanding the pronouncement of law by the Constitution Bench of this Court, we have noticed that several High Courts while rejecting the bail applications, are fixing time-bound schedule for the conduct of trials. It cannot be that the bail is denied on the ground that the trial will be disposed of in a time-bound schedule.
4. Issue notice returnable on 4th October, 2024.
5. Liberty is granted to serve the standing counsel for the respondent-State, in addition.
Bail – It cannot be that bail is denied on the ground that trial will be disposed of in a time-bound schedule – As a matter of rule, Constitutional Courts should not fix a time-bound schedule for con....
Bail is the rule and incarceration is the exception; High Courts should refrain from imposing time-bound schedules for trial conclusions unless in exceptional circumstances.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
Inordinate delay in trial of minor offences due to prosecution lapses violates speedy trial right under Article 21 warranting quashing of proceedings by constitutional courts.
The main legal point established in the judgment is that an oral application can be sufficient to release an accused on statutory bail, and the failure to file the final report within the statutory t....
(1) Bail Application – In case of delay coupled with incarceration for a long period and depending on nature of allegations, right to bail will have to be read into Section 45 of PMLA and Section 439....
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....
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