The Supreme Court on Monday issued a series of directions aimed at ensuring faster disposal of bail applications across High Courts, while emphasizing that timely consideration of bail is intrinsically linked to protection of fundamental rights.

A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a matter concerning delays in adjudication of bail pleas by various High Courts.

The Court noted that most High Courts had furnished data and initiated measures for timely disposal of bail matters. However, it expressed concern over continuing pendency in the Allahabad High Court, Patna High Court, and Madhya Pradesh High Court.

The Bench directed High Courts to evolve mechanisms ensuring definite listing dates for bail applications and suggested automatic software-based listing systems on weekly or fortnightly basis. Fresh bail applications should ideally be listed on alternate days or at least within a week.

The Court also directed that:

• Status reports must be filed before the first hearing;
• Petitioners must mandatorily serve advance copies on the office of the Advocate General or designated government agency;
• The practice of issuing notice at the admission stage in bail matters should be dispensed with;
• Bail applications not taken up should be automatically re-listed;
• High Courts should fix an outer timeline for disposal of bail pleas.

The Bench further observed that Union and State governments should not seek casual adjournments in bail matters, reminding courts of their “solemn duty” to protect fundamental rights.

Flagging delays caused by pending forensic reports, particularly in NDPS cases, the Court requested Chief Justices of High Courts to coordinate with State governments and forensic laboratories to ensure timely delivery of FSL reports.

The Court also emphasized victim rights, observing that investigating officers in victim-centric cases must ensure timely investigation and protect the victim’s right to participate in proceedings, including bail hearings, either personally or through counsel/legal aid.

The Bench expressed hope that State governments, investigating agencies, and High Courts would adopt a collaborative approach to ensure timely disposal of bail applications without compromising victim rights.