HC To Lower Courts: Dispose Of Bail Pleas In 1 Week

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SRINAGAR — The Jammu and Kashmir High Court has asked all courts under its jurisdiction to dispose of bail applications within a week, underling it would be touchstone for assessment of judicial performance in annual confidential reports.    

In compliance to apex court’s judgment in Hussain & another Vs. Union of India, the high court has ordered Registrar vigilance, High Court shall monitor the implementation of the circular and place report quarterly before the Chief Justice.  

As per the direction by the country’s top court, the High Courts have been asked to issue directions to subordinate courts that bail applications be disposed of normally within one week; 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.

The top court also ordered that efforts be made to dispose of all cases which are five years old by the end of the year.

“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 concerned trial courts from time to time,’ the apex court had said.  

The top court also requested the High Courts 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.

 “The High Courts may prepare, issue and monitor appropriate action plans for the subordinate courts,” the apex court had said, adding, “The High Courts may monitor steps for speedy investigation and trials on administrative and judicial side from time to time.”

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