In Brief
In this criminal bail matter, the Supreme Court addressed the inordinate delay in hearing a bail application under Section 439 of the Code of Criminal Procedure, which had remained pending without a hearing for over one year. The Court held that an accused has a fundamental right to be heard on bail applications, and denying such a hearing is an infringement of his right to liberty and the principles of justice. The Court emphasised that non-listing bail applications—regardless of offence seriousness—violates fair procedure and defeats the administration of justice. Even during pandemic conditions, courts must ensure adequate judicial resources and timely hearings. The petition was disposed with directions to the High Court to list the bail application urgently and to the court authorities to take remedial steps.
The lawyer headnote and full judgment text are available to registered users.