In a landmark ruling on Monday, the High Court of Jammu & Kashmir and Ladakh declared that bail petitions should be resolved promptly on their first hearing, guided solely by the case diary contents.
The directive emerged during a bail application hearing for an individual accused of rape in March 2022. Justice Atul Sreedharan emphasized there is no legal obligation for the State to submit written objections to bail pleas, unless mandated by a specific statute.
“There is no necessity for the State to file written objections in bail applications as the law does not require it,” Justice Sreedharan stated, asserting that exceptions only arise under special statutes.
The court directed the Advocate General’s Office to immediately requisition the relevant case diary from the police station upon receiving a bail application. This measure aims to ensure timely decisions on bail petitions based on case diary materials.
Justice Sreedharan opined, “Adhering to this procedure should eliminate delays in bail application decisions by the High Court.”
The order came amidst a bail plea from an accused arrested in October 2022 for a rape incident reported six months prior. The accused sought bail in December 2022, citing extended incarceration and the delayed filing of the FIR.
Acknowledging the prolonged detention and the completed charge sheet, the court granted bail, considering these factors.
Advocate Siddhant Gupta represented the accused, while Government Advocate Bhanu Jasrotia appeared for the Union Territory of Jammu & Kashmir. Advocate Aman Bhagotra represented the prosecutrix.
