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4. It is submitted by Mr. Asim Pandya, learned Senior Advocate appearing for the petitioner that the practice of issuing "Rule" or "Rule Nisi" on the presentation of the bail application is causing prejudice to the right of the applicants to seek release on bail at the earliest. It is contended that the bail application filed during the course of investigation or trial has to be proceeded with keeping in mind the principles of criminal jurisprudence of presumption of innocence of a person accused of an offence, placing the onus on the prosecution to prove the guilt before the Court. It is for the investigating agency to satisfy the Court that the arrest made was warranted and enlargement on bail is to be denied. The principle that "the bail is the rule and jail is the exception", has been well recognized by the Apex Court in a catena of decisions, the latest being Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51, wherein the Apex Court has held therein that the word "bail" has not been defined in the Cr.P.C, but the Code, despite being a procedural law, is enacted on an inviolable NEUTRAL CITATION R/SCR.A/14040/2023 CAV JUDGMENT DATED: 12/02/2024 undefined right enshrined under Articles 21 and 22 of the Constitution of India. The Apex Court, having extensively, gone through the provisions of Cr.P.C. pertaining to the investigation, arrest of a person named as accused and the power and method to be adopted by the Court, has issued a slew of directions to be followed by the investigating agencies as also for the Courts. It is directed therein that the bail applications ought to be disposed of within the period of two weeks, except if the provisions mandate otherwise, with the exception being an intervening application. The applications for anticipatory bail are expected to be disposed of within the period of six weeks with the exception of any intervening application.

5. The contention, thus, is that the practice of issuing "Rule" or "Rule Nisi" in the bail applications and postponing the bail applications on its presentation without adverting to the merits is contrary to the decision of the Apex Court in Satender Kumar Antil(supra). This practice is to be curbed immediately, as it is also contrary to the procedure prescribed in the Gujarat High Court Rules, 1993 (in short as "Rules'1993"). Rule 335 contained in Chapter XXVI of the Rules'1993 provides for advance notice of the bail application upon the learned Government Pleader. It provides that in cases arising from the Ahmedabad City, advance notice is to NEUTRAL CITATION R/SCR.A/14040/2023 CAV JUDGMENT DATED: 12/02/2024 undefined be given at least 24 hours before the application is heard by the Court and in cases from mofussil, 48 hours before the such hearing is to be given. No bail application can be filed in the Registry without giving advance notice to the Office of the Government Pleader as per Rule 335 of the Rules'1993. Further, the bail applications are listed before the Court by the auto-listing mode on the 3rd day of the registration if without objection. The office of the Government Pleader/ Public Prosecutor, thus, gets sufficient time to seek instructions from the concerned police station or the Court, as the case may be, to ascertain as to the relevant aspects of the matter. In any case, no casual adjournment can be granted in a bail matter, as it would be in direct conflict with the decisions of the Apex Court, the recent one being Satender Kumar Antil ( supra).

8. Learned Senior Counsel has, thus, prayed that some guidelines may be issued for expeditious disposal of the bail matters in consonance with the provisions of Sections 438 and 439 of the Cr.P.C and in the spirit of Article 21 of the Constitution. It is contended that the cause espoused by the petitioner in the instant petition is for the benefit of all, as it is crucial to see that the outcome of the legal procedure aligns with the broader concept of justice under the Constitution of India, the provisions incorporated in the Cr.P.C. and reiterated by the Apex Court in Satender Kumar Antil (supra).

We, therefore, do not find any reason to issue any directions or guidelines in the matter and only deem it fit and proper to NEUTRAL CITATION R/SCR.A/14040/2023 CAV JUDGMENT DATED: 12/02/2024 undefined record that the bail applications are to be dealt with by every Court as per the law of land, in the spirit of the Constitutional and legislative mandate, strictly in compliance of the decision of the Apex Court in the case of Satender Kumar Antil (supra), through-out the State including the High Court. The Procedure in the matter of disposal of the bail applications shall be followed scrupulously in accordance with the law laid down by the Apex Court in the case of Satender Kumar Antil (supra) and the mandate therein that bail applications ought to be disposed of within the period of two weeks and applications for anticipatory bail are to be disposed of within the period of six weeks, subject to the exceptions of there being an intervening application or if the special provisions mandate otherwise.