The Supreme Court has stated that, in cases concerning personal liberty, courts are expected to issue orders as soon as possible, taking into account the merits of the case. While hearing a plea against a June 2 order of the Delhi High Court, the Supreme Court stated that posting an application for anticipatory bail after two months cannot be appreciated.
In its June 2 judgement, the high court noted that the petitioner was seeking anticipatory bail in a case registered at a police station in New Delhi for the alleged offences of cheating and criminal conspiracy. The high court had served notice on the plea, and the State's counsel had requested time to file a progress report. The case had been listed on August 31.
According to a vacation bench of Justices C.T. Ravikumar and Sudhanshu Dhulia, the petitioner's concern was that his application for anticipatory release submitted before the high court was postponed until August 31 without any intermediate protection.
The bench stated that, “We are of the considered view that in a matter involving personal liberty, the court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest. At any rate, posting an application for anticipatory bail after a couple of months cannot be appreciated.”
SC noted that, the application was filed on May 24, asked the high court to rule on the plea for anticipatory bail on its own merits and in line with the law as soon as possible, ideally within three weeks of the court's re-opening.
The bench further stated that, “If the main application could not be disposed of, for any reason, within the stipulated time, relief sought for in the interlocutory application shall be considered on its own merits. Till such time, we grant interim protection from arrest to the petitioner herein.”
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(With input from news agency language)
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