Decide anticipatory, regular bail within 2 months, SC to HCs, district courts

New Delhi: The Supreme Court has directed all the High Courts and district courts across the country to decide bail pleas within a short time frame, preferably within two months. 

A bench of Justices J B Pardiwala and Justice R Mahadevan said anticipatory or regular bail applications should not be kept pending for long durations without passing orders either way, as it directly impinged upon the fundamental right to liberty.

"Prolonged delay in disposal not only frustrates the object of Code of Criminal Procedure, but also amounts to a denial of justice, contrary to the constitutional ethos reflected in Articles 14 and 21 of the Constitution,'' Justice Mahadevan wrote in a judgment on September 12, 2025.

The court said the High Courts shall ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within a period of two months from the date of filing, except in cases where delay is attributable to the parties themselves.

On appeal filed by Anna Waman Bhalerao and another person against rejection of their pre arrest bail by the Bombay High Court in a cheating and forgery case, the court found the matter of bail was kept pending for several years, though interim protection was granted to the accused.

Upholding the HC's order, the court  directed the High Courts to come up with mechanism to avoid accumulation of pending bail and anticipatory bail applications, emphasising the applications concerning personal liberty cannot be kept pending for years, as the accused continue to remain under a cloud of uncertainty. 

The court issued directions that regular and anticipatory bail applications must be decided expeditiously on merits without relegating the parties to a state of indefinite pendency.

"The HCs shall issue necessary administrative directions to subordinate courts to prioritise matters involving personal liberty and to avoid indefinite adjournments," it said.

The court also said the investigating agencies are expected to conclude probe in long pending cases with promptitude so that neither the complainant nor the accused suffered prejudice on account of undue delay.

"Being the highest constitutional fora in the States, High Courts must devise suitable mechanisms and procedures to avoid accumulation of pending bail / anticipatory bail applications and ensure that the liberty of citizens is not left in abeyance," the bench said.

The court directed the Registrar (Judicial) to circulate a copy of this judgment to all High Courts for immediate compliance and prompt administrative action.