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Two-Year Delay in Deciding Bail Plea Unacceptable in Matters of Personal Liberty – Supreme Court Pulls Up Punjab & Haryana High Court

12 August 2025 9:58 AM

By: sayum


“Courts should be sensitive and should not delay such matters nor grant frivolous adjournments”, Supreme Court expressed serious concern over the Punjab & Haryana High Court adjourning a bail petition for nearly two years without decision, despite repeated reminders that cases affecting personal liberty demand urgent attention.

The matter arose, where the petitioner’s bail plea, filed in August 2023, had been adjourned on more than a dozen occasions—mostly at the request of the complainant or the State.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta noted that the order sheet of the High Court, placed on record, showed a pattern of postponements, with the latest impugned order adjourning the matter yet again after the presiding judge recused and directed it to be placed before the Chief Justice for reallocation.

“It has been repeatedly observed by this Court that in the matter of personal liberty, the Courts should be sensitive and should not delay such matters nor grant frivolous adjournments,” the Bench observed, adding that the present case demonstrated exactly the opposite.

The Court was initially inclined to dismiss the Special Leave Petition but changed course after noting the extraordinary delay. It issued notice, returnable on 19 August 2025, and directed that a copy of its order be sent to the Registrar General of the Punjab & Haryana High Court for placing before the Chief Justice.

By intervening at this stage, the Supreme Court signalled that prolonged pendency of bail matters—particularly due to repeated adjournments sought by the prosecution or complainant—is incompatible with the constitutional guarantee of personal liberty under Article 21, and that High Courts must ensure such petitions are decided expeditiously.

Date of Order: 18 July 2025

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