BREAKING| Supreme Court Raises Concerns Over High Courts Delaying Decision In Bail Pleas,Asks HCs To Submit Details Of Pending Matters

Update: 2026-02-04 07:29 GMT
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Taking a serious view of the long pendency of bail petitions in the High Courts, the Supreme Court on Wedesday called for reports from all High Courts regarding the pendency of such matters.

The Registrar Generals of all High Courts have been directed to give the details of all bail applications, both regular and anticipatory, filed after January 1, 2025, including the date of filing, the date of decision (if any) or the date of next hearing. If petitions filed before January 2025 are pending, those details are also to be given. The details of pending petitions seeking suspension of sentence are also to be included.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the direction while hearing a petition filed over the long adjournments in a bail petition filed in the Punjab and Haryana High Court. 

The bench noted that the delay in disposal of bail applications is a recurring phenomenon in many High Courts. In the Patna High Court, there is not even urgent listing of bail matters, and petitions are filed in the Supreme Court seeking the listing of the bail application in the Patna High Court, the bench noted in the order.

"We are extremely disappointed to see how the prayers pertaining to liberty of individuals are not being entertained. Dockets may be heavy and there may be matters requiring consideration, but there can be nothing more important than the prayer for bail," the bench observed in the order.

The bench noted with consternation that despite the various directions passed by the Supreme Court, the situation has not improved. It may be recalled that last year, the Supreme Court (Anna Waman Bhalerao v. State of Maharashtra) had asked the High Courts to ensure the disposal of bail matters within two months of filing.

While acknowledging that listing of the matters is the prerogative of the Chief Justice of the High Court as the master of roster, the bench observed that some mandatory guidelines are necessary given the gravity of the situation.

"We are conscious of the fact that listing is the exclusive prerogative of the Chief Justices since they are masters of the roster. People are languishing in jail and bail pleas are not heard and there is complete uncertainty as to when they will know fate of their application. This court is under the bounden duty to issue certain mandatory guidelines," the bench observed. However, before issuing such directions, the bench thought it fit to get the details of pendency from the High Courts.

"The Honb'le CJs are also requested to revisit their rosters, and wherever they find that there is a mismatch between the total pendency and bench, they may expand the roster for listing the bail matters," the bench urged.

The Court also directed that the State agencies must cooperate with the Courts to ensure the expeditious disposal of bail applications. The investigating officer can also appear online to assist the Court in such matters, the bench said.

Case : SUNNY CHAUHAN Vs STATE OF HARYANA| SLP(Crl) No. 1613/2026


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