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At least half of the judges should sit on alternative days so that hearing is accorded to the person in distress.
17 Jun 2021 03:44 pm
Section 439 of the Code of Criminal Procedure
Justices: Hemant Gupta & V. Ramasubramanian
While seeing an unnecessary delay in bail application which was filed by the person under section 439 of crpc, it was held by the Hon’ble Court that normally, we do not interfere with an interim order an interim order passed by the High Court but we are constrained to pass the present order as we are shocked to see that the bail application under section 439 crpc is not being listed for hearing for more than one year. The accused has a right to hearing of his application for bail. In fact, the denial of hearing in an infringement of right and liberty assured to an accused.
Even during the pandemic, when all courts are making attempts to hear and decide all matter, non-listening of such an application for bail defeats the administration of justice. Under the prevailing pandemic, at least half of the judges should sit on alternative days so that hearing is accorded to the person in distress. Non- listing of application for regular bail, irrespective of seriousness or lack thereof, of the offences attributed to the accused, impinges upon the liberty of the person in custody.
Therefore, we hope that the Hon’ble High Court will be able to take up the application for bail at an early date so that the right of the accused of hearing of application for bail is not taken away by not entertaining such application on the mentioning memo.
15th June 2021 SC
Chunni Lal Gaba vs. Assistant Director, Directorate of Enforcement
Special Leave Petition (Criminal) Diary No. 11581/2021
