Timely Passing Of Bail Orders
Context:
- According to the Supreme Court, court orders in bail cases shouldn’t be overly detailed or issued too soon because both go against the fundamental guarantee of individual freedom.
- Personal Liberty Mandate: The Supreme Court emphasises that bail decisions should adhere to the constitutional mandate of personal liberty. Bail orders that are excessively drawn out or delayed are seen to be violations of this fundamental right.
- Avoiding Extensive Deliberations: When deciding whether to grant or deny bail, the court recommends judges steer clear of engaging in lengthy deliberations about the case’s merits or the relevant evidence. Protracted discussions on bail may harm the prosecution’s case.
- Prejudice to the Accused: Protracted debates over the case’s merits during the bail stage may be detrimental to the accused. The court emphasises that such lengthy arguments can harm their cause.
- Bail Orders Should Be Announced Quickly: As soon as a case for bail is reserved for orders, the court should issue its ruling. The undertrial’s right to privacy is thought to be jeopardised by delays in the bail decision.
- Brevity in Bail Orders Is Important: The court stresses the need for conciseness in bail orders. Long and complex orders are discouraged because they can unduly complicate the legal process and may not be in line to determine bail.
- Kadar Nazir Inamdar is a case in point. In the matter under discussion, Kadar Nazir Inamdar, a suspect in the 2020 slaying of Shiv Sena politician Rahul Shetty, is involved. Inamdar’s attorneys contended that the Bombay High Court had rejected his bail request in a thorough 16-page order that went into great depth about the case’s merits and supporting evidence.
- Delay in Pronouncing Bail Order: Inamdar’s case had been reserved for orders for three months (July to September) in the High Court, leading to a significant delay in the pronouncement of the bail decision.
- Opposition to Bail Plea: The Maharashtra counsel vehemently opposed Inamdar’s plea for bail, arguing that the High Court’s discussion of the circumstances of the crime pointed towards his involvement.
- Brevity in Bail Orders Is Important: The court stresses the need for conciseness in bail orders. Long and complex orders are discouraged because they can unduly complicate the legal process and may not be in line to determine bail.
- The Supreme Court has expressed its disapproval of several practices, including the practice of elaborating in great detail on the evidence in bail orders and the practice of taking a very long time between reserving a case for order and rendering the decision.
- The expectation of Expeditious Decisions: The court emphasises that courts are expected to make decisions quickly in circumstances involving the liberties of citizens. This emphasises how crucial it is for bail issues to be resolved quickly and effectively.
