The Supreme Court recently took exception to the Orissa High Court listing bail applications of accused in the same criminal complaint before different single-judge benches.
A bench of Justice BR Gavai and Justice Sanjay Karol observed that such a practice creates a ‘anomalous situation’ in which some accused in the same case are granted bail while others are denied.
“In many of the High Courts, the practice followed is that the applications arising out of the same FIR should be placed before one Judge. However, it appears that it is not the practice in Orissa High Court. In the present case, we have come across orders passed by at least three different judges in the applications of various accused arising out of same FIR. Such a practice leads to anomalous situation. Certain accused are granted bail whereas certain accused for the very same crime having similar role are refused bail,” the bench noted.
The Supreme Court’s judicial registrar was directed to send a copy of its order to the registrar general of the Orissa High Court.
The latter was directed to take note of the situation and consider issuing appropriate orders to prevent it from happening again.
The remarks were made while allowing an appeal against a High Court order denying bail.
The bench noted that various applications filed by various accused had been heard by various single-judges.
The challenged order was quashed and set aside, and the case was remanded for a new decision within a month.
