Institute of Legal and Management Studies

The Supreme Court has directed High Courts and trial courts across the country to take up bail and anticipatory bail applications for disposal within a short time frame, preferably within three to six months.

A bench of Justice JB Pardiwala and Justice R Mahadevan observed that such applications, which directly concern the right to personal liberty, cannot be left pending for years while the applicants continue to remain under a cloud of uncertainty.

"Applications concerning personal liberty cannot be kept pending for years," the Court remarked, adding that prolonged delay not only frustrates the object of the Code of Criminal Procedure (CrPC) but also amounts to a denial of justice, contrary to the constitutional ethos reflected in Articles 14 and 21.

Reiterating the consistent line of authority on this issue, the Court said that bail and anticipatory bail applications must be decided expeditiously on their own merits and not be allowed to languish.

In this case anticipatory bail application was filed in 2019 and was kept pending in the High Court till 2025. "We have deprecated this practice," the Court said.

The Bombay High Court had rejected anticipatory bail pleas of three accused booked for offences under Sections 420, 463, 464, 465, 467, 468, 471 and 474 read with Section 34 of the IPC relating to alleged forgery and illegal transfer of land. Two of the accused filed the present appeals against the order.

Though the Supreme Court upheld the HC order, it criticised the HC for keeping the applications pending for six years. It dismissed the appeals filed by the accused observing that the appellants would be at libery to apply for regular bail if they get arrested in the case.

Case no. – SLP(Crl) No. 11128/2025 Diary No. 40804 / 2025

Case Title – Anna Waman Bhalerao v. State of Maharashtra