Raj HC orders steps to expedite bail hearings
JODHPUR, Sept. 10 -- The state high court has ordered the Government Advocate-cum-Additional Advocate General to seek reports relating to FIRs within three to seven days of a bail application being filed to decrease unnecessary delay in hearings, particularly in cases where the accused is in custody, a lawyer familiar with the case said on Wednesday.
Justice Ravi Chirania issued the direction while dealing with a bail application filed by Manish Kumar.
The order noted that bail applications are generally listed four to five days after being filed, but obtaining the case diary from the concerned police station can then take another 15 to 20 days.
The bench noted that the delay is particularly relevant in cases involving petty offences, which may be capable of being decided at an early stage and depending on the facts, even without the case diary.
The bench said the Court had sought assistance from Government Advocate-cum-Additional Advocate General Deepak Choudhary on whether the case diary or factual report relating to the FIR could be called for in advance. The court was informed that calling for the case diary at the initial stage could, in some cases, create difficulties in the ongoing investigation.
However, the AAG informed the Court that once a bail application is filed in his office, it would immediately communicate the matter to the concerned police station for furnishing a factual report, preferably within three to seven days.
The bench accordingly directed the GA-cum-AAG office to ensure that the factual report concerning the FIR is called for in the first instance, preferably within three to seven days from the date of filing of the bail application and submission of its copy in the office by the concerned Station House Officer or Investigating Officer in the case....
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