The Supreme Court of India has directed all High Courts and district courts across the country to prioritize cases involving personal liberty, emphasizing the need for swift resolution of bail and anticipatory bail applications. The court has set a two-month deadline for the disposal of such applications from the date of filing, except in cases where the delay can be attributed to the parties involved.

A bench of Justices J.B. Pardiwala and R. Mahadevan made it clear that prolonged delays in deciding these cases not only undermine the principles of the Code of Criminal Procedure but also violate the constitutional guarantees of equality and personal liberty enshrined in Articles 14 and 21 of the Constitution. The Supreme Court emphasized that the fundamental right to liberty is impinged upon when bail and anticipatory bail applications are kept pending for extended periods without any orders being passed.

The Supreme Court has instructed High Courts to implement mechanisms to prevent the accumulation of such cases and ensure that trial courts under their jurisdiction prioritize them, avoiding indefinite adjournments. The High Courts have been directed to issue administrative instructions to subordinate courts to this effect. The Registrar (Judicial) of the Supreme Court has been directed to circulate a copy of the judgment to all High Courts for immediate compliance.

The Supreme Court has observed that courts must be particularly sensitive when adjudicating matters concerning liberty, noting that bail decisions are ordinarily straightforward exercises based on case facts. The court stated that there is no justification for delaying decision-making and allowing uncertainty to loom over the applicant's head. The Supreme Court has also stressed that bail courts must be sensitive and ensure that the constitutional ethos is upheld, emphasizing that cases involving personal liberty deserve precedence, even amidst the challenge of docket explosion.

The Supreme Court has also directed investigating agencies to expedite probes in pending cases to prevent prejudice to both the accused and the complainant. The court’s decision was made while upholding a Bombay High Court order dismissing anticipatory bail pleas of those accused in a case of cheating and forgery of property documents.

The Supreme Court has cited several of its previous decisions, including Rajesh Seth Vs State of Chhattisgarh (2022), Sanjay Vs State (NCT of Delhi) (2022), Rajanti Devi Vs Union of India (2023), and Sumit Subhaschandra Gangwal Vs State of Maharashtra (2023), which underscored the need for urgent adjudication in liberty cases.

According to data from the National Judicial Data Grid, over 262,000 bail applications are currently pending in district courts across India, with Karnataka accounting for more than half of the total, followed by Uttar Pradesh. The Supreme Court's direction is expected to expedite the disposal of these pending applications and ensure the protection of personal liberty for citizens.