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NEW DELHI — The Supreme Court has stressed that decisions on bail applications, including anticipatory bail applications, are concerned with liberty and should be taken expeditiously by all the High Courts.
The observation was made by a bench of Justices CT Ravikumar and Sanjay Kumar as it heard a special leave petition filed by an accused against an order of the Chattisgarh High Court directing to list his application "in its chronological order."
"We have no hesitation to hold that such an order sans definiteness in the matter relating to anticipatory bail/regular bail, that too after admitting the matter, would definitely delay due consideration of the application and such an eventuality will be detrimental to the liberty of a person," the bench said, noting that the case was not specifically posted to any date.
In its order, the apex court said that it is a "matter of concern" that despite repeated orders requiring matters pertaining to personal liberty to be decided at the earliest, the same situation continues.
It ordered that a copy of its order be sent to the Registrar General and all concerned of all High Courts so as to ensure listing of bail applications or anticipatory bail applications at the earliest.
In relation to the appellant, the Supreme Court granted protection from arrest till pending anticipatory bail application is decided by the High Court, preferably within a period of four weeks.
It clarified: "We also make it clear that the grant of interim protection shall not influence the consideration of the bail application moved by the petitioner and it shall be considered on its own merits."
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