Orissa High Court Passes Standing Order For Listing Bail Applications Arising Out Of Same FIR Before Same Bench

After the Supreme Court expressed concern over the prevailing practice of the Orissa High Court listing bail applications of different persons accused of crime emanating from the same FIR, the High Court has passed a Standing Order issuing following instructions modifying paragraphs 1, 2 and 3 of Standing Order No. 1 of 2020 relating to listing of bail applications under sections 438 and 439, CrPC.

Instructions for Listing of Applications U/S 438 CrPC

All the bail applications under section 438 CrPC arising out of the same FIR shall be placed before one Bench.

(i) While scrutinizing a bail application under section 438 CrPC, the Stamp Reporting Section shall verify if other bail applications under the Section arising out of the same FIR were disposed of earlier. The Stamp Reporter shall indicate the dates of disposal of the earlier bail applications along with the names of the Judges who decided those applications.

(ii) The subsequent bail applications under section 438 CrPC including applications for interim bail shall be listed before the Judge who, at the earliest, decided any of the earlier bail applications under the Section arising out of the same FIR (decided on merit or disposed of as withdrawn/not pressed). In the event the said Judge is not available on account of superannuation, transfer etc or recusal, the said application shall be listed before the Judge who next disposed of any of those bail applications, and so on. If none of the Judges who decided the earlier bail applications is available, the application shall be listed before the regular Bench as per roster.

(iii) While listing a subsequent bail application under Section 438 CrPC, the final orders of all the earlier bail applications under the Section arising out of the same FIR shall be tagged.

Instructions for Listing of Applications U/S 439 CrPC

All the bail applications under Section 439 CrPC arising out of the same FIR shall be placed before one Bench.

(i) While scrutinizing a bail application under section 439 CrPC, the Stamp Reporting Section shall verify if other bail applications under section 439 CrPC arising out of the same FIR were disposed of earlier. The Stamp Reporter shall indicate the dates of disposal of the earlier bail applications along with the names of the Hon'ble Judges who decided those applications.

(ii) The subsequent bail applications under Section 439 CrPC including applications for interim bail shall be listed before the Judge who, at the earliest, decided any of the earlier bail applications under Section 439 CrPC arising out of the same FIR (decided on merit or disposed of as withdrawn/not pressed). In the event the Judge is not available on account of superannuation, transfer etc. or recuses, the said application shall be listed before the Judge who next disposed of any of those bail applications, and so on. If none of the Judges who decided the earlier bail applications is available, the application shall be listed before the regular Bench as per roster.

(iii) While listing a subsequent bail application under section 439 CrPC the final orders of all the earlier bail applications under the Section arising out of the same FIR shall be tagged.

The order also clarified that if no previous bail application under Sections 438 or 439 CrPC arising out of an FIR has been disposed of by any Bench, even if filed, the subsequent bail application under the said Sections arising out of the same FIR shall be listed before the roster Bench.

The standing order came into force with immediate effect.

Click Here To Read/Download Order