Bail Is Not Like Appeal Where Entire Trial Record Is Considered: SC Seeks Report From HC In Bail Plea Pending For 2 Years
The Supreme Court, in a bail matter pending for over 2 years, has observed that a bail order is not like an appeal where the entire trial court record is to be considered before the bail is granted.
The Court also observed that it is not for the Supreme Court to tell the High Court how to deal with the matters pending before them.
The petitioner said that he had to approach the Apex Court under compulsion as his bail application has not been heard by the Delhi High Court for a period of 2 years.
"We cannot countenance the position that more than 2 years a bail application is not decided and keeps on getting adjourned on most occasions because the prosecution wants dates. We cannot appreciate as to routine order to summon the Trial Court record in digital format", said a Bench comprising Justice SK Kaul and Justice Abhay S Oka.
In this matter, the High Court issued a notice in Dec 2020, and the last order was passed in Nov 2022 summoning the Trial Court record for consideration of the bail application while adjourning for Jan 2023.
"A bail order is not like an appeal that the Trial Court record is fully to be seen before the bail is considered. We believe that it is not for us to tell the High Court how to deal with the matters pending before them", observed the Supreme Court.
The Apex Court has asked to place the order and the file pending before the Chief Justice of the Delhi High Court for necessary consideration. Further, a report from the Registrar of the High Court is also sought.
The Court has posted the matter for further hearing after the winter recess.
Cause Title-Jeewan Mondal v. State NCT of Delhi