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2020 Supreme(SC) 917
SUPREME COURT OF INDIA
L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat, JJ.
Vijay Madanlal Choudhary & Ors. - Appellants
Versus
Union Of India & Ors.. - Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s).4634/2014; (Arising out of impugned final judgment and order dated 30-04-2014
Decided On : 15-09-2020
Mr. K.V. Viswanathan, Sr. Adv, for the Appellant; Mr. Tushar Mehta, Ld.SG, for the Respondent
Points Of Law : Repetitive filing of applications amounts to abuse of process of law - No application for extension of interim bail shall be entertained.
Headnote:
Constitution of India,1950 - Special Leave to Appeal - Anticipatory bail - Petitioner has been granted bail for a period of two months on ground that his mother was seriously ill - Later he filed an application for extension of interim bail for a further period of six months on ground that his mother passed away and he had to perform certain rituals - It was also brought to notice of this Court that his wife was suffering from serious ailments - This Court extended interim bail granted on for a further period of one month and directed petitioner to surrender on or before - It was made clear that no application for extension of interim bail shall be entertained.
Finding Of The Court :
This application is filed for extension of bail on the ground that the petitioner is suffering from epididymitis which is an inflammation of tube at back of testicle learned senior counsel for petitioner submitted that unless properly treated can lead to complications - He also submitted that number of Covid-19 patients in jail is increasing - Repetitive filing of applications amounts to abuse of process of law - This application is filed in spite of order passed by this Court categorically stating that no further application for extension of interim bail shall be entertained - It is no more res integra that petitions/applications filed repeatedly are liable to be dismissed with exemplary costs.
Result : Petition dismissed
JUDGMENT
I.A. NO. 88633/2020 IN SLP(CRL)NO. 618/2020
1. The petitioner has been granted bail for a period of two months on 15.06.2020 on the ground that his mother was seriously ill. Later, he filed an application for extension of interim bail for a further period of six months on the ground that his mother passed away and he had to perform certain rituals. It was also brought to the notice of this Court that his wife was suffering from serious ailments.
2. On 10.08.2020, this Court extended the interim bail granted on 15.06.2020 for a further period of one month and directed the petitioner to surrender on or before 15.09.2020. It was made clear that no application for extension of interim bail shall be entertained. We gave liberty to the petitioner to file an application for bail if the Special Leave Petitions are not finally heard, within a period of six months.
3. This application is filed for extension of bail on the ground that the petitioner is suffering from epididymitis which is an inflammation of the tube at the back of the testicle. Mr. K.V.Viswanathan, learned senior counsel for the petitioner submitted that unless properly treated, epididymitis can lead to complications. He also submitted that the number of Covid-19 patients in jail is increasing.
4. Repetitive filing of applications amounts to abuse of process of law. This application is filed in spite of the order passed by this Court categorically stating that no further application for extension of interim bail shall be entertained. It is no more res integra that petitions/applications filed repeatedly are liable to be dismissed with exemplary costs. Therefore, we dismiss this application with costs of Rs.25,000/-.
5. Needless to mention that appropriate medical care will be provided to the Petitioner.
