The Delhi High Court has set aside a trial court order that rejected a bail application solely on the ground that it was “too voluminous and bulky,” and directed the lower court to hear the matter afresh on merits within ten days after granting both sides a proper opportunity to be heard.
Justice Swarana Kanta Sharma observed that once a court issues notice, seeks a response from the investigating agency and fixes a case for final arguments, it cannot decline to decide a bail plea merely because of the volume of documents filed along with it.
The High Court said such an approach reflects a failure to apply judicial mind and is legally untenable, particularly in matters affecting an accused person’s personal liberty.
The court quashed the order passed by an Additional Sessions Judge, who had dismissed the bail plea noting that it ran into nearly 500 pages and would consume “precious judicial time.” The High Court pointed out that the core bail application itself was only around 43 pages, with the remaining documents consisting of judicial precedents cited to assist the court.
Emphasising the importance of a meaningful hearing, the court held that rejecting a bail application without examining its merits, despite the matter being listed for final arguments, violates the principles of natural justice.
It also criticised the trial court for failing to consider a constitutional challenge raised by the accused regarding the alleged non-communication of grounds of arrest under Article 22(1) of the Constitution.
The judgment underlined that judicial time is meant to be spent on adjudication and cannot be used as a reason to avoid deciding a matter that is ready for hearing. It added that workload or docket pressure cannot justify refusing to rule on a bail plea, and that personal liberty cannot depend on the drafting style of counsel or the perceived bulk of annexures.
While noting that excessively long pleadings may require regulation, the High Court said the appropriate course would be to seek a brief synopsis, limit oral arguments or ask counsel to highlight relevant portions, rather than dismissing the application outright.
Accordingly, the matter was remanded to the trial court with directions to decide the bail plea afresh on merits within ten days of receiving the order. The High Court also directed that a copy of the judgment be circulated to all judicial officers in Delhi and sent to the Delhi Judicial Academy for guidance.
