SC express concern over listing of bail applications arising from same FIR

SC express concern over listing of bail applications arising from same FIR

Supreme Court, in the case of Pradhani Jani v. The State of Odisha (Criminal Appeal No. 1503 of 2023), expressed concern over the listing of bail applications arising from the same FIR before different benches of the Orissa High Court.

The Supreme Court observed that such a practice can lead to an anomalous situation where some accused individuals may be granted bail by one bench while others may be denied bail by a different bench, despite being similarly placed in many cases.

The court noted that in many high courts, the practice is to place applications arising from the same FIR before one judge. However, it appeared that this was not the practice followed in the Orissa High Court, as the court found orders passed by at least three different judges in applications of various accused arising from the same FIR in the present case.

Consequently, the Supreme Court set aside the impugned order and remanded the matter back to the High Court, requesting it to pass fresh orders after considering the effects of the orders passed by other coordinate benches.

The Supreme Court also requested the Registrar General of the Orissa High Court to take note of these observations and pass appropriate orders to avoid conflicting bail orders arising from the same FIRs.

 

Case Title: Pradhani Jani v. The State of Odisha (Criminal Appeal No. 1503 of 2023)

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