Bail applications in criminal cases should ideally be decided on the first date of hearing, based on the contents of the case diary, the High Court of Jammu and Kashmir and Ladakh said on Monday, reported Bar and Bench.

Justice Atul Sreedharan passed an order containing these remarks while granting bail to a person accused in a rape case dating back to March 2022.

The first information report against Gorav Sayal, the accused person, was filed six months after the alleged incident. Sayal was arrested in October 2022, and the hearing of his bail application had been pending since December 2022, reported Live Law.

The court noted on Monday that “there is no necessity to give an opportunity to the State to file written objections” to the bail applications of persons accused in criminal cases. This “is not the mandate under the law”, the court observed.

The court added: “The same may be required only in those cases where a special statute requires it…Bail applications must be decided on the basis of the material in the case diary. If this be the procedure that is followed, there should be no delay in deciding bail applications by the High Court.”

The court also directed the office of the advocate general to ensure that when a bail application is filed, it immediately obtains the appropriate case diary from the police, reported Bar and Bench.