Supreme Court : Bail Cannot Be Denied to accused On The Ground That Trial Is Expedited

In the case of High Court Bar Association,

Allahabad v. State of U.P. & Ors.1, a Constitution Bench

of this Court has taken a view that as a matter of rule,

the Constitutional Courts should not fix a time-bound

schedule for conduct of cases before the Trial and other

Courts and the said approach can be adopted only in very

exceptional cases. Notwithstanding the pronouncement of

law by the Constitution Bench of this Court, we have

noticed that several High Courts while rejecting the bail

applications, are fixing time-bound schedule for the

conduct of trials. It cannot be that the bail is denied

on the ground that the trial will be disposed of in a

time-bound schedule.

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 11589/2024

RUP BAHADUR MAGAR @ SANKI@ RABIN  Vs THE STATE OF WEST BENGAL .

CORAM :

 HON'BLE MR. JUSTICE ABHAY S. OKA

 HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Date : 02-09-2024 These petitions were called on for hearing today.

 Applications for exemption from filing a certified

copy of the impugned judgment are allowed.

Delay condoned.

In the case of High Court Bar Association,

Allahabad v. State of U.P. & Ors.1, a Constitution Bench

of this Court has taken a view that as a matter of rule,

the Constitutional Courts should not fix a time-bound

schedule for conduct of cases before the Trial and other

Courts and the said approach can be adopted only in very

exceptional cases. Notwithstanding the pronouncement of

law by the Constitution Bench of this Court, we have

noticed that several High Courts while rejecting the bail

applications, are fixing time-bound schedule for the

conduct of trials. It cannot be that the bail is denied

on the ground that the trial will be disposed of in a

time-bound schedule.

Issue notice returnable on 4th October, 2024.

Liberty is granted to serve the standing counsel for

the respondent-State, in addition.

(ANITA MALHOTRA) (AVGV RAMU)

 AR-CUM-PS COURT MASTER

1. (2024) 6 SCC 267

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