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SUPREME COURT OF INDIA
Ajay Rastogi, Vikram Nath, JJ.
Abhyanand Sharma @ Tinku Sharma – Appellant
Versus
The State of Bihar & Anr. – Respondents
Writ Petition(s)(Criminal) No(s). 420 of 2021 with Miscellaneous Application No. 2081 of 2021 in Criminal Appeal No. 1836 of 2013
Decided On : 10-05-2022
Bail Applications - High Court Practice - Revisiting the Listing of Bail Applications - Suggestions for Better Administration of Justice
Fact of the Case:
The petitioner filed a writ petition under Article 32 of the Constitution, complaining that despite filing a bail application earlier, it was not listed before the High Court, and post-arrest bail was granted to another accused whose application was filed later. Subsequently, the petitioner's bail application was also listed and granted.
Finding of the Court:
The Court acknowledged the issue and called for suggestions from learned Advocates to revisit the practice of listing bail applications before the High Court, particularly when arising from the same FIR. The Court emphasized the need for better administration of justice and the importance of implementing suggestions for the interest of the litigating people, especially when the liberty of an individual is involved.
Issues: Listing of Bail Applications, Disparity in Passing Orders, Administration of Justice
Ratio Decidendi: The High Court practice of listing bail applications arising from the same FIR needs to be revisited to avoid disparity in passing orders. Suggestions for better administration of justice, particularly when the liberty of an individual is involved, should be implemented.
Final Decision: The writ petition was disposed of with observations for the High Court to consider the suggestions and take possible steps to implement them for better administration of justice. Pending applications were also disposed of.
ORDER
WRIT PETITION (CRIMINAL) NO. 420 OF 2021
1. The present petition was originally filed with a complaint that arising from the self-same FIR, bail applications were filed separately by two accused persons and the one which was filed later was listed before the High Court of Patna and post-arrest bail was granted to him, but the petitioner who had filed the bail application earlier, his application was not listed and despite a request been made, his bail application could not be taken on board and that was the reason for which the petitioner approached this Court by filing petition under Article 32 of the Constitution.
2. This Court took cognizance of this fact as it reveals from the order dated 25th October, 2021.
3. It was later informed to this Court that the bail application filed by the writ petitioner was also listed before the High Court of Patna and he too was granted post-arrest bail.
4. The matter could have been disposed of in the light of the later development which has taken place, but this Court was of the view that the practice being followed needs to be revisited by the High Court, particularly, if more than one bail applications are filed by co-accused persons arising from the self-same FIR, it has to be listed ordinarily before the same Court to avoid any disparity in passing of the orders in the bail applications.
5. In that reference, we called upon Mr. Gaurav Agrawal, Mr. Santosh Kumar and Mr. Shoaib Alam, learned Advocates, to give suggestions which may be the inputs for the High Court to take steps in making changes for giving effect to the suggestions to make the system more workable and effective and for better administration of justice.
6. All suggestions have been collated and made available to Mr.Gaurav Agrawal, learned Advocate, representing the High Court of Patna.
7. It is brought to our notice that Standing order No. 330/2019 regarding guidelines for arrest keeping in view Section 41A of the Code of Criminal Procedure has been issued by Delhi Police.
8. We are not dilating on the issue any further, but we keep it open for the State Government to look into these guidelines and implement it with any amendment/modification, if required, for giving effect to the mandate of Section 41A of the Code of Criminal Procedure.
9. After we have heard the learned Counsel for the parties, consider it appropriate to observe that the suggestions made available to Mr.Gaurav Agarwal, learned Advocate, may be looked into by the High Court and possible steps to implement the same be taken for better administration of justice and in the interest of the litigating people at large, particularly when the liberty of an individual is involved, which is sacrosanct.
10. We record our appreciation for Mr. Gaurav Agrawal, Mr. Santosh Kumar and Mr. Shoaib Alam, learned Advocates for the valuable suggestions extended by them.
11. The writ petition stands disposed of accordingly with the above observations.
12. Pending application(s), if any, shall stand disposed of.
M.A. NO. 2081 OF 2021 in CRL. A. No. 1836 OF 2013
13. M.A. Stands disposed of in light of the order passed in the above writ petition.
14. Pending application(s), if any, also stand disposed of.
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