2020 (11) TMI 989 - HC - Indian Laws

Requirement of issuance of SCN prior to filing and entertainment of anticipatory bail application - requirement of issuing notice to Government Advocate - HELD THAT - There is no provision in the Rules of Court regarding filing and entertainment of anticipatory bail application - However all the anticipatory bail applications are being filed before this court in accordance with the provision of Chapter XVIII Rule,18 of the Rules of Court after serving prior notice of the same on the Government Advocate. Therefore the requirement of granting time to the Government Advocate to obtain instructions within seven days where the court grants an interim order in an anticipatory bail is not in the interest of speedy justice. The unnecessary complication of passing interim order and then final order in the anticipatory bail application can be avoided in case the office of Government Advocate is vigilant and it obtains instructions within two days of the receipt of notice of the anticipatory bail applications - Hence the Government Advocate is directed to instruct his office to obtain instructions in the anticipatory bail applications within two days of receipt of notice. Otherwise the court may decide the anticipatory bail application on the basis of material brought on record by the applicant. Modes of fast communication are there which should be availed in getting speedy instructions in anticipatory bail matters. The applicant is directed to be enlarged on interim anticipatory bail in the meantime.

Summary

Issues:
1. Requirement of prior notice to Government Advocate for filing anticipatory bail application before the High Court.
2. Timeframe for obtaining instructions by the Government Advocate in anticipatory bail applications.
3. Directions to Government Advocate for expeditious handling of anticipatory bail matters.

Analysis:
1. The judgment addresses the issue of whether prior notice is necessary to be given to the Government Advocate before filing an anticipatory bail application before the High Court. The court observed that while Chapter XVIII, Rule 18 of the Allahabad High Court Rules, 1952 mandates notice to the Government Advocate two days before presenting the bail application, Section 438 Cr.P.C (Uttar Pradesh Amendment) does not specify any such requirement. The court concluded that no prior notice is needed for filing an anticipatory bail application before the High Court.

2. The judgment also discusses the timeframe for obtaining instructions by the Government Advocate in anticipatory bail applications. Section 438(3) Cr.P.C. requires a notice of not less than seven days to be served on the public prosecutor and the Superintendent of Police when the court grants an interim order in an anticipatory bail application. The court directed the Government Advocate to obtain instructions within two days of receiving notice to expedite the process and avoid unnecessary delays in the disposal of anticipatory bail matters.

3. Furthermore, the judgment provides directions to the Government Advocate for the expeditious handling of anticipatory bail matters. Emphasizing the need for speedy justice, the court instructed the Government Advocate to ensure prompt communication and decision-making in anticipatory bail applications. The court highlighted the importance of urgent hearings and decisions in anticipatory bail cases, stressing the role of the Government Advocate in facilitating the process.

In conclusion, the judgment clarifies the procedural requirements for filing anticipatory bail applications before the High Court, sets a timeframe for obtaining instructions by the Government Advocate, and issues directions for expeditious handling of anticipatory bail matters to ensure timely justice delivery.