Supreme Court : Bail application needs to be dealt with expeditiously and finally

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The Supreme Court while expressing its displeasure about the manner in which the bail application filed in August, 2018 has remained pending before the High Court of Calcutta, held that Bail application should be dealt with expeditiously and finally.

The judgement came out in a case titled as MOTAMARRI APPANNA VEERRAJU @ MAV RAJU vs. THE STATE OF WEST BENGAL

CASE BACKGROUND

In the present case, Appellant filed a Regular Bail application before the High Court in August and High Court, instead of finally disposing of the said bail application with promptitude chose to grant interim relief to the appellant and continued that protection until this day.

Thereafter the appellant made an attempt for modification of the interim order passed. That prayer, however, was answered against the appellant as a result of which the appellant rushed to the Supreme Court by way of the present appeal.

Read also: Magistrate’s Power To Review Order Passed Under Sec 125 CrPC Will Not Hit By The Embargo Contained Under Sec 362 CrPC : Supreme Court [Read Judgment]

While Considering the appeal, Supreme Court 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 and continued that protection until this day.

It was 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.”

The bail Application was disposed of by Justice A.M. KHANWILKAR and Justice DINESH MAHESHWARI on 20-02-2020.

Read Judgement Here:

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