Summary:
ALLAHABAD: Now no arrested person applying for bail in the state will have to compulsorily suffer 10 days imprisonment as the Allahabad high court has reduced the bail notice period from 10 to two days. The Supreme Court disposed of the petition, directing the High Court to consider the representation and take a decision within six weeks. An advocate, Syed Mohammad Haider Rizvi, had first brought the issue to the attention of the High Court through a representation made in 2016. Earlier, a 10 days notice was required to be sent to the government advocate on a bail plea before it could be taken up for hearing.According to Rule 18(3)(a) of the Allahabad High Court Rules, “barring exceptional circumstances, no order granting bail shall be made on an application unless notice thereof has been given to the government advocate and not less than 10 days have elapsed between the giving of such notice and the hearing of such application.”The High Court has now issued a notification amending the said rule, allowing an order granting bail to be made just two days after notice of the bail application is sent to the government advocate. Rizvi appealed to the Chief Justice of the High Court to amend Rule 18(3)(a), claiming it was unconstitutional and illegal per se and interfered with the fundamental rights of scores of innocent individuals.Rizvi’s efforts were taken notice of on December 4, 2017, when joint registrar (judicial) of Allahabad High Court informed him that the issue was under the consideration of the High Court.However, no action was taken for a total of 18 months since Rizvi’s first representation.Thereafter, Rizvi approached the Supreme Court in July this year..