On Monday, Chief Justice Sunita Agarwal and Justice Aniruddha Mayee of the Gujarat High Court lauded the positive impact of ending the practice of issuing ‘Rule Nisi’ and adjourning bail matters. The court revealed that this change resulted in the efficient disposal of around 3,000 bail applications within a month. This revelation occurred during a hearing on a special criminal application challenging specific procedures in the handling of bail matters by the High Court.
Bhavesh Desai filed the plea, arguing that the procedural approaches employed were causing undue delays in resolving bail applications. Senior Advocate Asim Pandya, representing the petitioner, highlighted an amendment to clause 25a of the Criminal Manual in May 2022. The amendment mandated courts, including the High Courts, to adjudicate on bail applications within three to seven days from the initial hearing date.
Chief Justice Agarwal emphasized the need for cooperation from all stakeholders for the expeditious disposal of cases. She underscored the importance of avoiding unnecessary adjournments and clarified that the court wasn’t issuing a mandamus on deciding bail applications within 3-7 days.
Pandya pointed out persistent violations of Arnesh Kumar guidelines, where police fail to conduct preliminary inquiries, and Magistrates are unwilling to grant bail for offenses with a maximum sentence of up to 7 years.
The court responded by stating that the guidelines don’t prohibit arrests altogether, and the absence of arrest is not the norm. The Chief Justice emphasized the court’s authority to scrutinize arrests and seek responses from relevant authorities if conducted unlawfully.
Pandya highlighted a shift in the High Court’s procedure, where notices to public prosecutors in bailable offense cases were discontinued, and a new approach mandates advance notices in all cases.
Chief Justice Agarwal suggested a mechanism to minimize adjournments and expedite bail application disposal. The court dismissed the request for mandatory submission of investigating officer affidavits filed in the High Court before lower courts, stating that compelling accused individuals to provide self-incriminating material is impermissible.
The case title is “Bhavesh Baldevbhai Desai Vs. State Of Gujarat.”