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1983 Supreme(All) 364

M.N.SHUKLA, GOPINATH
RAMESH CHANDRA KAPIL – Appellant
Versus
HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH HON'BLE C. J. – Respondent


JUDGEMENT

M. N. Shukla, J. :- Admit. Issue notice.

The respondents do not propose to file counter-affidavit in this writ petition. The matter is of general importance, hence we proceed, with the consent of the parties, to decide the case finally.

2. Shri Ramesh Chandra Kapil, a practising Advocate at Allahabad, has chosen to assume the role of petitioner as he feels greatly aggrieved by the rigour of the High Court Rule framed by this Court under Art. 225 of the Constitution. The provision under challenge in this case is one relating to applications for bail presented in the High Court. The relevant rule is R. 18 of Chap. XVIII of the Rules of Court. It reads as under : -

"18. Application for bail (1) No application for bail shall be entertained unless accompanied by a copy of judgment or order appealed against or, sought to be revised and a copy of order passed by the Sessions Judge on the bail application for the applicant and unless the accused has surrendered except where he has been released on bail after conviction under S. 389 (3) of the Criminal P. C. 1973.

Explanation : -The copy of the order, refusing bail passed by the Sessions Judge shall either be a certified copy or the co



































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