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According to the amendment by Allahabad High Court, of bringing down its 10-day bail rule, any arrestee will have the opportunity to apply for bail in Uttar Pradesh without having to suffer a necessary 10- day incarceration. Theamendment, made to the sub-rule (3) of Rule 18 of the Allahabad High Court Rules, 1952, aims to bring down the mandatory 10- day notice, to the government counsel on a bail plea, to two days before it can be taken up for hearing.
In July, after considering the petition filed by Syed Mohammad Haider Rizvi, whose counsel Talha Abdul Rehman had sought quashing of the “illegal” Rule 18(3a) of Chapter XVIII of the Allahabad High Court Rules claiming that it was against the basic concept of right to life and personal liberty, the Supreme Court asked the HC to take decision regarding the said petition.
While the amended Rule 18(3)(a) now implies that bail application can be placed before the Court after a period of two days have elapsed from the date such noticed has been given to the government advocate, Rule 18(3)(b) has also been amended to the effect that f the bail plea is not moved within seven days after the expiry of the two-day notice period, then a two-day previous notice has to be given.
Additionally, advocate Rehman said that the Rule ignored the cardinal principle of ‘bail is rule, jail is an exception’ and also attracted the apex court’s attention to a case pending before it where one,Rabindra Kumar, had come to the Supreme Court directly from the court of Special Judge, Lucknow, seeking bail on the ground that he has suffered several strokes and he would have to wait for bail because of the operation of Rule 18(3).
According to Rehman, the prolonged notice period could be justified in earlier times, when there was no instant mode of communication, but with the development of technology, the rule had lost its relevance.
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