The Bail Applications Arising Out Of Same FIR Should Be Listed Before One Judge: Supreme Court






Case Title: Pradhan Jani vs State of Odisha

The division bench of Justices BR Gavai and Sanjay Karol of Supreme Court while allowing an appeal of bail said that the applications arising out of same FIR should be listed before one judge.

The bench observed that such practice of listing the bail application before the different judges leads to anomalous situations as certain accused for the same crime having similar role are granted bail and some of them are refused.

“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 Supreme Court directed registrar

The bench said “The High Court is requested to consider the effect of the orders passed by the other coordinate Benches”. 

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