LexANNA WAMAN BHALERAO versus STATE OF MAHARASHTRA
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[2025] 9 S.C.R. 982 : 2025 INSC 1114 Anna Waman Bhalerao v. State of Maharashtra (Criminal Appeal No. 4004 of 2025) 12 September 2025 [J.B. Pardiwala and R. Mahadevan,* JJ.] Issue for Consideration Whether the High Court was justified in rejecting the anticipatory bail applications of the appellants; issue of inordinate delay by Courts in deciding the bail and anticipatory bail applications. Headnotes† Directions by Supreme Court – Bail/Anticipatory bail applications – Time-bound disposal of – Constitution of India – Arts.14, 21: Held: 1.1 High Courts to ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within two months from the date of filing, except in cases where delay is attributable to the parties themselves – Suitable mechanisms and procedures be devised by High Courts to avoid accumulation of pending bail/anticipatory bail applications and ensure that the liberty of citizens is not left in abeyance. [Para 18] 1.2 High Courts shall issue necessary administrative directions to subordinate courts to prioritise matters involving personal liberty and to avoid indefinite adjournments. [Para 18] 1.3 Investigating agencies are also expected to conclude investigations in long pending cases with promptitude so that neither the complainant nor the accused suffers prejudice on account of undue delay. [Para 18] 1.4 A copy of this judgment be circulated to all High Courts for immediate compliance and prompt administrative action. [Para 18.1] Anticipatory bail – Rejection of, when justified – FIR pertaining to the events of 1996-98 was filed in 2019 alleging that the * Author [2025] 9 S.C.R. 983 Anna Waman Bhalerao v. State of Maharashtra appellants (Circle Officer and Talathi in the Revenue Department at the relevant time) in their official capacity, certified the mutation entries on the basis of forged documents, thereby facilitating the illegal transfer of ownership of the immovable property – Appellants filed anticipatory bail applications before Sessions Court, eventually rejected – Before the High Court, the anticipatory bail applications remained pending from 2019 wherein interim protection was granted from time to time, however, the same were finally rejected by the impugned judgment in 2025 – Justification: Held: Impugned judgment rejecting the anticipatory bail applications, affirmed – Although there was a long delay in the initiation of proceedings, the gravity of the allegations, the alleged abuse of official position, and the prima facie findings of the High Court that custodial interrogation is necessary cannot be diluted merely on the ground of delay – Even in a case based largely on documentary evidence, custodial interrogation may be essential to trace the chain of transactions, ascertain complicity, and prevent further suppression or tampering of records – Moreover, the appellants, despite enjoying interim protection for nearly six years, did not extend due cooperation to the investigation – Impugned judgement not interfered with. [Paras 14, 19] Constitution of India – Arts.14, 21 – Prolonged delay in disposal of bail/anticipatory bail applications, denial of justice – Anticipatory bail applications filed by the appellants before High Court in 2019 remained pending and were finally rejected by the impugned judgment in 2025: Held: Inordinate delay in the disposal of the appellants’ applications for anticipatory bail by the High Court, deprecated – Applications affecting personal liberty particularly bail and anticipatory bail ought not to be kept pending indefinitely for years – The grant or refusal of bail, anticipatory or otherwise, is ordinarily a straightforward exercise, turning on the facts of each case – Therefore, there is no justification for deferring decision-making – In matters concerning liberty, bail courts must be sensitive and ensure that constitutional ethos is upheld – Prolonged delay in disposal not only frustrates the object of Code of Criminal Procedure, but also amounts to a denial of justice, contrary to the constitutional ethos in Arts.14 and 21. [Paras 15, 17] 984 [2025] 9 S.C.R. Supreme Court Reports Case Law Cited Siddaram Satlingappa Mehtre v. State of Maharashtra [2010] 15 SCR 201 : (2011) 1 SCC 694; Nikesh Tarachand Shah v. Union of India [2017] 12 SCR 358 : (2018) 11 SCC 1; Rajesh Seth v. Sta
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