To expedite bail hearing, high courts can dispense with notice: Supreme Court

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 Supreme Court

NEW DELHI: Supreme Court connected Monday said pendency of thousands of bail petitions for years successful precocious courts violated the "precious" close to liberty and ordered that issuance of announcement connected bail pleas could beryllium dispensed with by serving a petition transcript successful beforehand connected prosecution to alteration them to respond connected the precise archetypal time of hearing.At present, the mean signifier for courts is to contented announcement connected the bail plea of the accused and question effect from the authorities govt, investigating bureau oregon prosecution concerned. The effect gets filed aft weeks, frankincense delaying disposal of pleas for merchandise from judicial oregon constabulary custody successful transportation with a transgression case.

Protecting accused’s liberty doesn’t mean neglecting victim’s rights: SC

Madras High Court got a thumbs up from the seat of CJI Surya Kant and Justice Joymalya Bagchi for taking the slightest clip successful deciding bail petitions.

Though Allahabad HC is among those with precocious pendency of bail pleas, the seat appreciated the information that sheer fig of cases pending determination was overwhelming, with judges having to perceive astir 200 bail pleas daily.While emphasising that speedy proceeding of bail petitions should not beryllium astatine the outgo of rights of victims of crimes, the seat issued a slew of directions, including automatic re-listing of bail petitions, which had already been entertained, for proceeding astatine slightest erstwhile a fortnight done a bundle programme.

While expediting the proceeding of bail plea, the SC said steps to support liberty of accused did not mean neglecting attraction to the rights of victims of crime. "Responsibility of investigating agencies and prosecution is precise important successful victim-centric transgression cases wherever immoderate laxity connected their portion could effect successful assistance of bail to accused," it said.The seat said HCs would instrumentality steps to germinate a signifier to discourage govt, probe agencies and prosecution from seeking adjournment of hearing, "reminding them astir the court's solemn work to support the astir precious cardinal close guaranteed by the Constitution".The SC noticed that successful galore cases nether the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the proceedings got delayed due to the fact that of non-furnishing of forensic laboratory reports expeditiously. The CJI-led seat asked HC main justices to prosecute with govts to expedite FSL reports successful tribunal cases.The seat suggested to HCs to person a portal giving presumption of pendency of each bail plea pending earlier them to alteration the accused, prosecution and tribunal to instrumentality remedial steps for their expeditious disposal.

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