By Express News Service
LUCKNOW: The Allahabad High Court has ruled that the bail applications or appeals under the SC/ST Act have to be placed before the court concerned on expiry of seven days from the date of service of notice on the government advocate. The order was delivered on Monday.
Besides, the court directed that the bail applications should be placed before the court in a reasonable and definite time-frame for hearing.
The court passed these directives when, while hearing a bail application. The court was petitioned over the undue delay in processing the bail applications of the accused under the SC/ST Act. The pretext for delay happens to be either non-service on victim or ground of non-appearance.
Passing the directives, a single-judge bench comprising Justice Ajay Bhanot said that if the rights of the victim as contemplated under the statute had to be upheld at all times, service of bail application/appeal could not be unduly delayed by the state, nor can the victim cause indefinite deferment of the hearing of the bail application.
Going through the various provisions of the SC/ST Act, the court said that it was the duty of the state to serve the notice of bail to the victim.
The court further observed that during the period of seven days notice of the bail application under the SC/ST Act, the police authorities should ensure that appropriate instructions (information) were available with the government advocates to assist the court at the hearing of the bail application/bail appeal.
These directives were passed by the court while hearing a bail application filed by one Ajeet Chaudhary, an accused under SC/ST Act, who was granted bail by court on the ground that co-accused in the case had already been granted bail by the court.
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