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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