In a landmark order, the Court mandates Government Advocate's office to obtain FIR factual reports within 3-7 days to prevent undue delays in bail applications, reinforcing the Supreme Court's emphasis on prioritizing personal liberty.
The Rajasthan High Court, presided over by Mr. Ravi Chirania, J., has issued a significant directive aimed at expediting the hearing and disposal of bail applications in the state. In an order dated August 24, 2026, the Court addressed the long-standing issue of delays in bail hearings, particularly in cases involving petty offences where accused persons often remain incarcerated for extended periods without timely adjudication.
The Court observed that bail applications are typically listed for hearing 4-5 days after filing, but the subsequent process of procuring the case diary from the police station often takes an additional 15-20 days. This delay, the Court noted, causes an unnecessary backlog and infringes on the personal liberty of accused individuals.
To tackle this, the Court summoned the Government Advocate-cum-Additional Advocate General (GA-cum-AAG), Mr. Deepak Choudhary, who agreed to implement a system whereby the GA's office will immediately notify the concerned police station upon receipt of a bail application. The police station is then required to furnish a factual report relating to the FIR within a period of 3 to 7 days. This report will enable the Court to decide bail applications on their merits promptly, without always waiting for the comprehensive case diary unless deemed necessary by the Court for complex matters.
Senior counsel for the petitioner, Mr. Ravi Bhansali, along with his team, supported this approach, emphasizing the need for swift justice, especially when liberty is at stake. The Court also referred to the recent Supreme Court judgment in Sunny Chauhan v. State of Haryana (SLP (Criminal) No. 1613/2026), where the Apex Court underscored the critical importance of prioritizing bail hearings to protect individual freedom.
The Rajasthan High Court's order mandates that the GA's office maintain records of all communications with police stations regarding factual reports and submit these reports expeditiously to the Court. The directive aims to reduce pendency and ensure that bail applications, particularly those involving minor offences, are adjudicated without undue delay.
This proactive measure reflects an increasing judicial sensitivity towards safeguarding personal liberty and streamlining criminal justice procedures in line with constitutional mandates. The Court has also directed the Public Prosecutor to procure the case diary for the present matter on the next date of hearing, scheduled for September 3, 2026.
The judgment is expected to bring much-needed relief to undertrial prisoners languishing in jails due to procedural delays and set a precedent for other High Courts to follow.
Bottom Line:
High Court directed the Government Advocate-cum-Additional Advocate General to ensure timely submission of factual reports for bail applications, preferably within 3-7 days, to address delays in their adjudication and prioritization of personal liberty.
Statutory provision(s):
Section 482, Criminal Procedure Code, 1973; Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023
Manish Kumar v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2975270
