Even a day's delay in bail cases violates fundamental rights: Supreme Court

The Supreme Court on Friday criticised the Allahabad High Court for its repeated adjournments in a bail application pending since August 2023. [Wazid v. State of Uttar Pradesh]

A Bench of Justices BR Gavai and KV Viswanathan expressed dissatisfaction with the practice of bail pleas being pending for over a year.

"We do not appreciate practice of bail applications being pending for over a year. Even a day's delay in such cases is in violation of fundamental right of accused," the Court observed.

The Court was hearing a plea by a rape accused challenging repeated adjournments of his bail application before the Allahabad High Court.

Senior Advocate Siddharth Dave, representing the accused, highlighted that the Supreme Court has repeatedly underscored the importance of timely disposal of bail applications.

Against this backdrop, Dave informed the Court that his client's bail plea had been pending since August 2023, after multiple adjournments and no effective hearing.

In response, the Court enquired,

"What is this issue at the Allahabad High Court?"

Dave replied,

"They are overburdened and overworked."

Eventually, the Supreme Court passed an order directing the High Court to ensure that when the matter is listed, it is heard and expeditiously disposed of.