Institute of Legal and Management Studies

The Supreme Court today (May 22) granted bail in a special leave petition specifically on the ground that the Allahabad High Court, which was dealing with the bail application of the present petitioner, adjourned the matter 27 times. The Court observed that in matters of personal liberty, the High Courts are not expected to keep adjourning the matter. Consequently, the Court, while disposing of the matter, stated that the application for bail pending before the High Court is rendered infructuous.

"In the matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time. The petitioner has been incarcerated for a period of more than four years. The complainant's evidence has also been recorded. In that view of the matter, and taking into consideration the peculiar facts and circumstances of the case, we are inclined to grant bail to the petitioner."

A bench of Chief Justice of India BR Gavai and Justice AG Masih on April 21 had issued notice on the ground that the petitioner has been incarcerated for a period of more than 4 years, and further that the application for bail was adjourned on 27 occasions.

When the matter was taken up today, the petitioner's counsel, Advocate Raja Choudhary, informed the Court that the matter is listed to be heard before the High Court today. However, this would be the 28th time the matter has been listed. He said: "I am in custody since 3 years, 8 months and 24 days."

The SLP challenges the High Court's order dated March 20, whereby the Court, while adjourning the matter for two weeks, had directed that the evidence of the complainant be recorded. The charges against the petitioners include offences under the Prevention of Corruption Act, 1988.

While the grant of bail was vehemently opposed by the Additional Solicitor General, Raja Thakare, for the CBI, on the grounds that the petitioner is involved in 33 other cases.

This was objected to by Choudhary, who pointed out that after being taken into custody, 27 of the cases were registered against the petitioner, and he is on bail in all these cases. On being asked by the Court as to how many witnesses has been examined, Choudhary had informed that 3 out of 365 witnesses has been examined.

Justice Gavai questioned: "He has been inside for four years, High Court is not deciding anything, adjourned it on 27 occasion in a matter pertaining to personal liberty...For the last 27 occasions the High Court has not done anything, how do you expect it to do on the 28th occasion?"

Case Details: LAKSHYA TAWAR Vs CENTRAL BUREAU OF INVESTIGATION|SLP(Crl) No. 5480/2025

Citation : 2025 LiveLaw (SC) 612

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