Rakia Imran
In a much stalled order on a bail plea of an indicted in a murder case in Allahabad High Court, the Supreme Court has raised serious apprehensions over similar indecisiveness in similar matters. The case regarding an operation for bail filed nearly four years ago was brought into notice by Justice JB Pardiwala and Justice R Mahadevan.
The court observed, “We are shocked to learn from the learned counsel appearing for the supplicant that the bail operation filed by the supplicant in the High Court of Judicature at Allahabad bearing Criminal Miscellaneous Bail Application No. 40542 of 2020 is still pending as on date.” This highlights the inordinate detainments by the lower courts and hence performing in piled up cases in the courts.
In this particular case, two indicted, one of them, Imran informed the Apex Court through his counsel advocate Md. Anas Chaudhary, that he had been held in custody for nearly 6 times now and yet his operation for bail had reportedly been suspended for 16 times by the High Court. Whereas, the co indicted had formerly been granted bail.
Upon hearing the disconcerts the Supreme Court in response directed the matter back to Allahabad High Court, since it came under notice that the execution had formerly closed all the substantiation in the trial and that it also abstain from seeking an explanation from the former. The Apex Court ordered, “The Registry shall further this order to the High Court with a request to place this order before Hon’ble Chief Justice of the High Court of Allahabad for his kind consideration.”
This step taken by the top court would insure that the lower courts seek to atone for similar inordinate detainments and would bring a quick and effective decision making process in the judicial system.