AP HC Issues Guidelines for Promt Transmission of Bail Order.
While hearing a petition regarding regular Bail u/s 437 & 439 of CrPc, 1973 for the case related to offence punishable u/s 20(b)(ii)(c) r/w section 8 (c) of NDPS Act, 1985, the single bench of Justice Lalitha Kenneganti, took serious note regarding the significance delay in issuing of Certified copies of Orders.
Further, while hearing the case the bench stated that, the court is conscious about the unreasonable delay in the cases where the accused are entitled for statutory bail but they still languish in jail more than the period because of the delay in issuance copy of bail order which curtails the personal liberty of the accused under Article 21 of the constitution. The Court also referred the right of accused personal liberty under Section 438 and 439 of Crpc and remarked the Supreme Court in past has held that ‘speedy adjudication is one of the 4 main facets which constitutes the essence access of justice’.
Justice Lalitha Kenneganti added that the Apex court with bench of Chief Justice NV Ramana expressed the willingness to evolve the erstwhile system with the ‘system of electronically Transmit bail orders directly to prisons on the same day, to curb the delay.
However, for the time being the Andhra Pradesh High Court Bench issued 9 point guideline:
a. Parties/advocates shall download the order copy from HC website.
b. While furnishing the memo on behalf of accused sureties, the advocate shall state that he has downloaded the order copy and the concerned administrative officer shall verify the same and endorse before the court.
c. the P.P shall also obtain necessary instruction and assist the court.
d. the presiding officer shall dispatch the order to concerned authority on the same day through mail or any electronic mode.
e. In case of Anticipatory bail, the burden to verify the authenticity of copy is of concerned station officer.
f. It is the duty of judicial Registrar to communicate the copy of the order to the concerned people mentioned.
g. the Judicial Registrar shall also communicate the order to the state Principle district magistrate, who then will sensitize the presiding officer for implementation of order.