SC raises concern on delay by Bombay HC in deciding bail, anticipatory bail pleas

A bench led by Justice Bhushan R Gavai, who was Bombay HC judge before being elevated as apex court judge, noted that it had come across “numerous matters wherein the judges are not deciding the matter on merits but find an excuse to shunt the case on different grounds.”

The court also observed that it had come across a matter in case of Ashok Balwant Patil v Mohan Madhukar Patil in which the anticipatory bail application was not decided by the Bombay High Court for a period of more than four years.

The bench, also comprising Justice Sandeep Mehta, passed an order on February 16, while hearing a bail plea by one Amol Vitthal Vahile.

The SC noted that after its order of January 29, the High Court passed an order on February 12 granting bail to the petitioner on merits.

“It is thus clear that before the aforesaid order was passed by this Court on January 29, the High Court instead of deciding the application for bail on merits shunted it on one or the other ground,” it observed.

“Needless to state that Article 21 of the Constitution is the soul of the Constitution as the liberty of a citizen is of paramount importance. Not deciding the matter pertaining to liberty of a citizen expeditiously and shunting away the matter on one or the other ground would deprive the party of their precious right guaranteed under Article 21 of the Constitution,” it added.