Supreme Court: Concerns Expressed Over Listing Of Bail Application Arising From Same FIR Before Different Benches Of Orissa High Court

The Supreme Court in the case Pradhani Jani v. The State of Odisha observed and has expressed concerns over the practise prevailed in the Orissa High Court, wherein different bail applications arise out of same FIR are being listed before the different Benches of the High Court.

The court in the case stated that such kind of practise leads to anomalous situation as some of the accused may be granted bail by a Bench while some other accused persons which being in the same crime may be declined by the different bench, wherein all of them are being placed in many cases.

The Division bench comprising of Justice BR Gavai and Justice Sanjay Karol in the case observed wherein an appeal was made by the accused against the denial of bail. Therefore, the court in the case observed while going through the paper-book of the cases found that the different applications by different accused persons have been placed before different Benches of the High Court.

Further, the court in the case noted that the practise is being followed being that the applications arising out of the same FIR should be placed before one Judge. Thus, in the case it appeared that it is not the practice in Orissa High Court. Therefore, the said court in the case came across the orders passed by at least three different Judges in the applications of various accused arising out of same FIR.

It has also been requested by the said court that the Registrar General of the Orissa High Court to take note of the aforesaid observations and also to pass an appropriate order in order to avoid contrary bail orders arising out of same FIRs.

Accordingly, the court set aside the impugned order and has remanded the matter back to the High Court requesting it to pass orders afresh after considering the effects of the orders passed by the other coordinate Benches.