High Court must not relegate accused to trial court for bail when chargesheet filed during pendency of bail plea in HC: Gujarat High Court

The Gujarat High Court on Monday stressed that the High Court judges must not in a routine manner relegate the accused to approach the trial court for bail when chargesheet is filed during the pendency of their bail plea before High Court..A division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Maye passed a detailed judgment on how bail matters are to be decided by the courts in Gujarat.“We find it just and proper to add a word of caution that any routine practice of relegating the applicant to approach the court of sessions, where the chargesheet is filed during the pendency of application before the high court, has not got our seat of approval,” said the Court..The Court further clarified that it would not be open for the Public Prosecutor to argue that since chargesheet has been filed during the pendency of the bail application, the applicant has no option but to approach the Sessions Court.“It is the choice of the applicant to lose a chance to approach the trial court because otherwise the applicant will have two chances, first to approach the sessions court and then to the high court,” remarked the Court..The Court pronounced the decision in a matter questioning the procedure that was leading to delay in deciding the bail applications before the High Court.The main issue before the High Court in the case was the practice of the judges issuing 'rule nisi' and adjourning bail applications for two or more weeks.The practice was stopped last year, the Court noted at the outset. In its judgment on Monday, the Court held that the practice was against the rules of the High Court and spirit of the Supreme Court’s judgment in Satender Kumar Antil vs Central Bureau Of Investigation regarding timely disposal of bail matters..The Court also said the practice was against Sections 438 and 439 of Code of Criminal Procedure which pertain to bail applications, since the provisions only talk of notice in certain situations and not routine manner.“This practice of issuance of rule and posting of bail applications after a period of one week, two week or three weeks for final hearing without adverting to the merits of same on the date of its presentation is to be curbed forthwith,” it added. Since the Court took note of the fact that the practice of issuance of rule has been done away with, it found no reason to issue directions or guidelines in this manner..However, the Court deemed it fit and proper to record that bail applications must be decided by all courts in Gujarat in accordance with law and strictly in compliance with the top court’s direction in Satender Kumar Antil. In particular, it referred to the following direction,“Bail applications ought to be disposed of within a period of two weeks except if the provisions mandate otherwise, with the exception being an intervening application. Applications for anticipatory bail are expected to be disposed of within a period of six weeks with the exception of any intervening application.”.On concurrent jurisdiction of the High Court in anticipatory bail matters, the Court refrained from issuing any guidelines to guide the exercise of discretion by judges.It was in this context also that the Court observed that accused must not be sent back to the trial court when chargesheet is filed during the pendency of bail applications before High Court.“No mandate in this regard as such can be issued in the matter of exercise of discretionary power of the high court dealing with bail applications,” said the Court..The Court directed the Registrar General to circulate the judgment to all courts in the state.A copy of the judgment is awaited.