The Gujarat High Court in the case observed and has issued a circular to all the Magisterial Courts in the state for compliance of direction as passed by the Supreme Court this year in the month of January.
The Supreme Court bench headed by Justice Sanjay Kishan Kaul and Justice Abhay S. Oka in the case observed while hearing the Suo Motu Writ plea instituted for the purpose of issuing a comprehensive Policy Strategy for grant of bail, thus, the court in the case issued the set of 7 directions on the issue of undertrial prisoners, who are going to be in custody despite having been granted the benefit of bail on account of their inability in order to fulfil the conditions as it is stipulated in the bail order or otherwise.
However, the High Court in the case observed that in the circular the Bail Applications which is being presented before the Magisterial Courts needs to be promptly being registered as ‘CRMA J’ at the Central Filing Centre and then the same needs to be forwarded to the concerned court.
Further, it has also been directed by the court that the concerned Principal Judicial Officer to arrange for optimal staff duty for Case Information System, CIS registration of the Bail Application at all the Central Filing Centres in the districts on all working days and also all the urgent work is being taken up at the court premises on holidays.
The court in the case observed that when a bail application is presented at the residence of the Judicial Officer of Magisterial Court on holidays or late on working days, thus, the concerned judicial officer should proceed with the Bail Application without any delay. Therefore, the work relates to CIS, such as registration formalities, case proceedings and order uploading of such Bail Application should be carried out on next Court working day by the CFC and the concerned Court.
Further, it has also been stated by the High Court that the efforts which are being made by all stakeholders in order to ensure all the timely hearing of the bail application and for the disposal of Bail Applications, which being without delay due to CIS registration formalities.
