Bail Matters Ought To Be Decided Expeditiously: SC Decides To Consider Bail Application On Merit Even Though Application Before High Court Is Pending

The High Court was consistently adjourning bail application pending before since more than six months. The accused-petitioner approached the Supreme Court with a grievance that though the application for grant of bail before the High Court is pending for last more than six months, the same is not being decided on merits.

Consequentially, a bench of Justice BR Gavai and Justice Sanjay Karol observed, “We fail to appreciate the speed at which the High Court is dealing in the matter pertaining to the personal liberty of a citizen. The bail matters ought to be decided as expeditiously as possible. We could have dispose of the matter by remanding the matter to the High Court and requesting it to decide the bail application expeditiously”.

“However, taking into consideration the fact that the petitioner has been incarcerated in jail for a period of almost eight years, we are inclined to consider the request of the petitioner in this Court itself, despite the pendency of the matter before the High Court”, the bench further held.

Advocate Ranjeet Kumar appeared for the petitioner.

In the matter, an order dated December 30, 2023 was challenged before the Court. The Court observed that in case the counsel for the respondent fails to appear and assist the Court on the next date of hearing the application shall be considered on merits. Pursuant to which, the matter was directed to be listed on January 29, 2024.

However, when the matter was listed before the Court, since the matter was also posted before the High Court on the same day, the bench had adjourned the matter for the day so that the petitioner could inform about the progress of the matter.

Subsequently, the counsel for the petitioner stated again that the matter has been adjourned by the High Court for February 23, 2024.

Cause Title: Arjun Kattal v. The State Of Jammu And Kashmir