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Leading By Example: Nagpur Bench Of Bombay HC Ensures Immediate Listing Of ABA, Bail Pleas

nitish kashyap
4 July 2017 12:05 PM GMT
Leading By Example: Nagpur Bench Of Bombay HC Ensures Immediate Listing Of ABA, Bail Pleas
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In a significant move, the Nagpur bench of the Bombay High Court has started listing anticipatory bail applications on board as soon as they are filed, and regular bail applications are listed within three days without any request.In certain cases where charge sheet has been filed and the regular bail applications are filed with advance notice to the Public Prosecutor, the court makes an...

In a significant move, the Nagpur bench of the Bombay High Court has started listing anticipatory bail applications on board as soon as they are filed, and regular bail applications are listed within three days without any request.

In certain cases where charge sheet has been filed and the regular bail applications are filed with advance notice to the Public Prosecutor, the court makes an effort to decide it on the very first day.

As per this practice instituted by Justice ZA Haq from June 5, anticipatory bail applications, if filed with advance copy and the notice has already been served to public prosecutor's office before 11:30 am that day, the matter is listed immediately after lunch break on the same day.

If such applications under Section 438 of the CrPC are filed after 11.30 am, they are listed on the next working day. Similarly, regular bail applications are being listed on board without any request within three working days.

As a result of this, most bail matters are now being decided within one week of filing, which is unique to the Nagpur bench.

Usually, litigants or their advocates were required to mention the matters before the court for urgent listing.

Speaking to LiveLaw, senior criminal lawyer Amit Desai welcomed this move and said: “Any such effort taken by the judiciary in the interest of liberty is laudable.”

Our constitutional system recognizes the importance of personal liberty of an individual under Article 21. Thus, personal liberty is not curbed except in accordance with the procedure established by law in order to strike a balance between the right to individual liberty and the interest of society.

As reported earlier, calling the bail system in India “inadequate and inefficient”, the Law Commission has suggested very significant changes in bail provisions. Thus, the decision by Justice Haq of the Nagpur bench is a progressive step that other courts can follow.

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