SC Directs High Courts To Decide All Bail Pleas Within Two Months: Why It Is Significant

Last Updated:September 13, 2025, 06:07 IST

The top court said bail matters, which directly concern an individual’s personal liberty, must be treated with urgency and should not be left pending indefinitely

According to the bench, inordinate delays in deciding bail matters violate the fundamental right to liberty and contribute to unnecessary incarceration, particularly for undertrial prisoners. File pic/PTI

In a significant move aimed at addressing delays in the judicial system, the Supreme Court on Friday directed all high courts across the country to decide bail applications within two months of filing, except in cases where delays are caused by the parties involved.

The direction came while the apex court was upholding a Bombay High Court order that had dismissed anticipatory bail pleas of individuals accused in a case involving cheating and forgery of property documents.

A bench comprising Justices JB Pardiwala and R Mahadevan delivered the order, emphasising that bail matters—which directly concern an individual’s personal liberty—must be treated with urgency and should not be left pending indefinitely.

“Such petitions should be disposed of within a period of two months from the date of filing, unless the delay is caused by the accused or prosecution," the bench noted in its ruling.

The court was hearing appeals filed by multiple accused persons seeking anticipatory bail after the Bombay High Court had rejected their pleas in a criminal case involving allegations of creating forged documents to usurp property. While upholding the High Court’s decision on merits, the Supreme Court used the occasion to highlight systemic delays in the hearing of bail applications across the judiciary.

According to the bench, inordinate delays in deciding bail matters violate the fundamental right to liberty and contribute to unnecessary incarceration, particularly for undertrial prisoners.

Legal experts have welcomed the directive, stating it sets a much-needed benchmark for timeliness in bail adjudication. According to National Crime Records Bureau (NCRB) data, over 75% of India’s prison population are undertrials, many of whom remain behind bars due to procedural lags in processing bail.

The ruling is being viewed as a step toward decongesting prisons and reinforcing the constitutional value of speedy justice.

The directive is to be followed by all high courts and is applicable with immediate effect.

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