Supreme Court bemoans Bombay High Court passing the bail buck

A Bench comprising Justices B.R. Gavai and Sandeep Mehta requested all Bombay High Court judges to decide bail matters as expeditiously as possible, and not shunt the cases on myriad grounds.

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THE Supreme Court has lamented a trend that has developed in the Bombay High Court whereby rather than taking decisions on bail petitions judges find excuses to shunt the cases on different grounds.

A Bench comprising Justices B.R. Gavai and Sandeep Mehta requested all judges to decide bail matters as expeditiously as possible. To this effect, it directed the registrar to place the Order before the Chief Justice of the Bombay High Court.

The Bench said Article 21 is the soul of the Constitution of India as the liberty of a citizen is of paramount importance.

"Not deciding the matter pertaining to liberty of a citizen expeditiously and shunting away the matter on one or the other ground would deprive the party of their precious right guaranteed under Article 21 of the Constitution of India," the Bench observed.

The Bench noted that it came across various matters from the High Court of Bombay where bail or anticipatory bail applications are not being decided expeditiously. The Bench cited an instance wherein no decision was taken on an application for anticipatory bail for more than four years.

The Bench also noted that it is cognisant of numerous matters wherein judges were not deciding the matter on merits but finding excuses to shunt the case on different grounds.

The Bench was hearing a petition filed by one Amol Vitthal Vahile. When Vahile applied for bail on merits and also on the ground that he had been incarcerated for seven-and-a-half years, the high court only permitted him to apply for bail before the sessions court instead of deciding his bail matter at its end.

The Supreme Court found such an approach of the high court as a non-exercise of the jurisdiction vested in it.

The Bench said that such an approach of the high court was not in accordance with the sanctity which has been given to personal liberty in a catena of judgments.

It quashed the high court Order while directing it to decide the bail petition filed by Vahile.

Consequently, on February 16, the high court granted bail to Vahile on merits.