Written By- Pretika Tiwari
While hearing the case, Satender Kumar Antil versus Central Bureau of Investigation, the Supreme Court recommended the Union Government consider enacting a separate act that would streamline the grant of bails. The bench of Justices Sanjay Kishan Kaul and MM Sundresh passed the directions to ensure the proper compliance of rules. The Court directed that the Investigating Agency and its officers must follow the directives outlined in the Arnesh Kumar judgement and Sections 41 and 41A of the CrPC; any neglect must be brought to the Court’s attention and be followed by the appropriate instructions.
The Courts will need to determine whether Sections 41 and 41A have been met. Failure to comply would warrant the granting of bail to the accused. While taking note of the standing order passed by the Delhi Police 109/2020 and the order dated by the Delhi High Court in 2018 to comply with the mandate of 41A, State Governments and Union Territories are ordered to submit standing orders for the procedure to be followed under 41 and 41A. State and Central governments must abide by the Court’s orders with respect to special courts. The HC must investigate the need for special courts. In special courts, vacant presiding officer posts must be filled quickly. High Courts should also find the prisoners who cannot adhere to the terms of their bail. After doing so, appropriate action is to be taken as per Section 440 of CrPC facilitating release.
As per the directions issued by this Court, the bail applications should be done with within two weeks’ time unless the mandate states otherwise. As for the anticipatory bail applications, they need to be disposed of within six weeks. The State Governments, HCs and Union Territories will have to file affidavits and status reports within four months.