The Supreme Court on Monday asked the Centre to consider introducing a “Bail Act” to streamline the process of granting relief from jail term to accused persons, Live Law reported.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh also issued certain directions to ensure compliance of a proper procedure for arrest and a time limit for disposing bail pleas. The bench said that the investigating agencies and their officers are duty bound to comply with provisions under Sections 41 and 41A of the Criminal Code Procedure.
Section 41 of the Criminal Procedure Code allows the police to arrest a person without an order from a magistrate or a warrant. Section 41A gives an officer the power to issue a notice to a person – against whom a complaint is filed – asking them to appear before the police.
“Any dereliction has to be brought to the notice of the court, followed by proper directions,” the bench recommended. “The courts will have to satisfy themselves to the satisfaction of sections 41 and 41A. Non-compliance would entitle accused for grant of bail.”
The judges also asked the state governments and Union Territories to present the standing orders for the procedure that the police would follow while taking actions under sections 41 and 41A. This is to be done while taking note of the standing order passed by the Delhi Police in 2020, the judges added.
They also said that the state and the central governments have to comply with the Supreme Court’s directions when it comes to setting up special courts, Live Law reported.
“The High Court has to undertake the exercise on the need for special courts,” the bench said. “Vacancy of presiding officers in special courts have to be filled up expeditiously.”
Appropriate action needs to be taken for the release of prisoners who are unable to meet the bail conditions, the bench added. Their release should be facilitated under Section 440 (reduction of bail bond) of the Criminal Code of Procedure.
“While insisting upon [bail] sureties, the mandate of Section 440 of the Code has to be kept in mind,” the bench clarified. “Similar exercise to be undertaken for the compliance with mandate of Section 436A [maximum period for which an undertrial prisoner can be detained] both at the district judiciary level and high courts.”
Bail applications should be disposed of within two weeks, except when provisions mandate otherwise, the judges directed. Anticipatory bail applications should be disposed of within six weeks, they also said.
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