SC directs Centre to consider introduction of bail act to streamline release of accused
Jul 11, 2022
New Delhi [India], July 11 : The Supreme Court on Monday directed the Centre to consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bail.
A bench of justices said, "The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails. "
"The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued by this Court in Arnesh Kumar (supra). Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action," the Court directed.
"The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the accused for a grant of bail. All the State Governments and the Union Territories are directed to facilitate standing orders for the procedure to be followed under Section 41 and 41A of the Code while taking note of the order of the High Court of Delhi dated 07.02.2018 in Writ Petition (C) No. 7608 of 2018 and the
standing order issued by the Delhi Police i.e. Standing Order No. 109 of 2020, to comply with the mandate of Section 41A of the Code," the court said.
The Court also directed that bail applications ought to be disposed of within a period of two weeks except if the provisions mandate otherwise, with the exception being an
intervening application. Applications for anticipatory bail are expected to be disposed of within a period of six weeks with the exception of any intervening application, the Court said.
The Court also said that all State Governments, Union Territories and High Courts are directed to file affidavits/ status reports within a period of four months.
The Court also said that the Bail Act of the United Kingdom takes into consideration various factors.
"It is an attempt to have a comprehensive law dealing with bails by following a simple procedure. The Act takes into consideration clogging of the prisons with undertrial prisoners, cases involving the issuance of warrants, granting of bail both before and after conviction, the exercise of the power by the investigating agency and the court, violation of the bail conditions, execution of bond and sureties on the unassailable principle of presumption and right to get bail," the Court also said.
"Exceptions have been carved out as mentioned in Schedule I dealing with different contingencies and factors including the nature and continuity of offence. They also include Special Acts as well. We believe there is a pressing need for a similar enactment in our country. We do not wish to say anything beyond the observation made, except to call on the Government of India to consider the introduction of an Act specifically meant for granting bail as done in various other countries like the United Kingdom. Our belief is also for the reason that the Code as it exists today is a continuation of the pre-independence one with its modifications. We hope and trust that the Government of India would look into the suggestion made in right earnest, " the Court said.
The Court direction came after hearing the submission of Senior Counsel Sidharth Luthra,
and Additional Solicitor General SV Raju.
The Court has sought their assistance after taking note of the continuous supply of cases seeking bail after filing of the final report on a wrong interpretation of Section 170 of the Code of Criminal Procedure and thereafter an endeavour was made by the Court to categorize the types of offenses to be used as guidelines for the future.
The Court noted that Jails in India are flooded with undertrial prisoners and the statistics placed before it would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners.
The court also quoted the words of John E.E.D. in "Essays on Freedom and Power" which was
"Liberty is one of the most essential requirements of the modern man. It is said to be the delicate fruit of a mature civilization. It is the very quintessence of civilized existence and essential requirement of a modern man".
