In Allahabad High Court, some bail pleas are heard by one judge who grants bail and the rest by another who does not. Why is it happening? The apex court asked today.
The Supreme Court on Monday took exception to the Allahabad High Court listing bail applications arising out of the same criminal complaint before different single judges. [Sajid vs State of Uttar Pradesh]
A bench of Justices BR Gavai, CT Ravikumar, and PV Sanjay Kumar observed that such a practice by the High Court leads to anomalous situations.
“In Allahabad High Court, some bail pleas (of the same case) are heard by one judge who grants bail and the rest another who does not. Why is it happening? Justice Gavai asked.
The Court proceeded to record this concern in its order as well. The bench proceeded to direct the Supreme Court’s Registrar General to inform the Allahabad High Court of this order.
“We have come across several Allahabad High Court orders where different judges hear bail pleas arising out of the same FIR. This creates an anomalous situation in as much as some accused are granted bail while others are not,” the order stated.
The Court raised the concern while granting bail to a person accused of armed rioting. The appeal was filed by one Sajid, through advocate Ankur Yadav, challenging a December 6 Allahabad High Court order.
On a related note, the Supreme Court recently criticized an Allahabad High Court bench for passing self-contradictory orders, wherein the High Court granted protection to five accused while at the same time rejected their anticipatory arrest bail pleas.
Source: Bar & Bench