On Friday, in a strong affirmation of personal liberty, the Supreme Court held that keeping bail and anticipatory bail pleas pending for years is nothing short of a violation of fundamental rights. Laying down a clear directive, the Court has asked High Courts and trial courts to decide such applications within two months from filing, except where delays are caused by the parties themselves.
The Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan emphasised that “applications concerning personal liberty can’t be kept pending for years while applicants remain under a cloud of uncertainty.” The Court expressed strong disapproval of the Bombay High Court, which took nearly six years to decide an anticipatory bail plea filed in 2019, finally pronouncing its decision only in 2025.
While the Apex Court ultimately upheld the High Court’s rejection of the plea, it did not mince words in condemning the delay. The Bench observed that, frustrates the very object of criminal procedure and amounts to denial of justice, striking at the heart of Articles 14 and 21 of the Constitution.
Directing systemic reform, the Top court called upon High Courts to issue administrative instructions to subordinate courts to prioritise matters concerning liberty and avoid endless adjournments. “The grant or refusal of bail is ordinarily a straightforward exercise, and there is no justification for letting a sword of Damocles hang indefinitely over the applicant’s head,” the Bench observed.
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