Single SC judge to hear appeals in bail matters for offences entailing upto 7 year jail

Single-judge bench of the Supreme Court would hear from May 13, appeals of bail and anticipatory bail matters in cases related to offences entailing jail term of up to seven years and application for transfer of cases.

It is for the first timesince its inception that the top court has provided for sitting of asingle-judge bench to hear matters.

   

The apex court till nownormally used to sit in the combination of two or three judges, besidesconstitution benches.

To reduce huge pendency ofthe cases, the apex court had made certain amendments to the Supreme CourtRules, 2013, in September last year which stated that single-judge bench wouldhear appeals in bail and anticipatory bail matters in offences entailing jailterm of up to seven years.

As per a notice issued bythe top court on its website on Monday, besides other amendments the competentauthority has provided that certain categories of matters may be “heardand disposed of finally by a judge sitting singly nominated by the ChiefJustice”.      

“Special LeavePetitions arising out of grant, dismissal or rejection of bail application oranticipatory bail application in the matters filed against the order passedunder section 437, section 438 or section 439 of the Code of CriminalProcedure, 1973 (2 of 1974) involving the offences punishable with sentence upto seven years imprisonment,” the notice said.

It further said that singlejudge would also hear application for transfer of cases under section 406 ofthe Code of Criminal Procedure (CrPC) and also application of urgent nature fortransfer of cases under section 25 of the Code of Civil Procedure (CPC).

“Take further notice that the matters referred to above will be listed before  judge sitting singly w.E.F May 13, 2020,” the notice said.  A gazette notification was issued on September 17 last year, through which the apex court had amended the Supreme Court Rules, 2013. Earlier, as per Supreme Court Rules, 2013 and older rules, the Chief Justice of India (CJI) had the power to appoint one or more judges to hear all matters of an urgent nature during summer vacation or winter holidays.

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