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Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records 'Displeasure' About Long Pendency Of Bail Plea In HC [Read Order]

LIVELAW NEWS NETWORK
21 Feb 2020 7:26 AM GMT
Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records

"We have no hesitation in observing that adopting such a course, that too, by a constitutional Court, is wholly unfathomable and must be eschewed."

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Expressing its 'displeasure' about the pendency of bail application filed in August, 2018 before the Calcutta High Court, the Supreme Court reiterated that bail applications need to be dealt with expeditiously and finally.

The High Court, instead of deciding the bail application filed by an accused, granted interim orders. While considering the appeal filed against the rejection of his application for modification of the interim order, the bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed:

"Instead of finally disposing of the said bail application with promptitude, the High Court for the reasons, which are not clear to us, chose to grant interim relief to the appellant vide order dated 01.10.2018 and continued that protection until this day."

The bench further observed:

At the outset, we record our displeasure about the manner in which the bail application filed in August, 2018 has remained pending before the High Court until this day and only interim orders have been passed thereon from time to time as referred to above. We have no hesitation in observing that adopting such a course, that too, by a constitutional Court, is wholly unfathomable and must be eschewed. For, the application for bail or anticipatory bail is a matter of moment for the accused and protracted hearing thereof may also cause prejudice to the investigation and affect the prosecution interests which cannot be comprehended in this order. Such application needs to be dealt with expeditiously and finally, one way or the other and cannot brook delay. It is not necessary for us to go into the question as to who is responsible for the situation but, at the same time, we need to deprecate the course or process followed in the present case. We say no more.

The bench then proceeded to dispose of the bail application itself.  

Case Name: MOTAMARRI APPANNA VEERRAJU @ MAV RAJU vs. THE STATE OF WEST BENGAL 
Case no.: CRIMINAL APPEAL NOS. 328-331 OF 2020
Coram: Justices AM Khanwilkar and Dinesh Maheshwari 

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