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Friday, March 10, 2017

New directions about bail .... Supreme Court.

Bail Pleas To Be Disposed Of Within 1 Week: SC Issues Directions To Tackle Pendency Of Criminal Cases.

The bench issued the following directions:

(i) Bail applications be disposed of normally within one week;

(ii) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials, where accused are in custody, be normally concluded within two years;

(iii) Efforts be made to dispose of all cases, which are five years old, by the end of the year;

(iv) As a supplement to Section 436A, but consistent with the spirit thereof, if an undertrial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded, such undertrial must be released on personal bond. Such an assessment must be made by the trial courts concerned from time to time;

(v) The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports. emphasis added)

(vi) The high courts are requested to ensure that bail applications filed before them are decided as far as possible within one month and criminal appeals, where accused are in custody for more than five years, are concluded at the earliest;

(vii) The high courts may prepare, issue and monitor appropriate action plans for subordinate courts;

(viii) The high courts may monitor steps for speedy investigation and trials on administrative and judicial side from time to time;

(ix) The high courts may take such stringent measures as may be found necessary in the light of judgment of this court, eg. Captain Harish Uppal case. Looking for legal news and events. Download Livelaw app, India's no:1 Legal news app.

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