Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

In this regard, a Division Bench of Justices Ajay Rastogi and CT Ravikumar has sought a report from the Registrar of the High Court seeking reasons from the concerned High Court Judge for his rather peculiar conduct.

"We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining from the concerned Judge (Krishan Pahal,J.) as to what prevailed upon him in passing the orders consistently almost in 45 matters at a given point of time on the same date dismissing them in the same fashion for non-prosecution, that too when one has approached the Court for protecting his liberty which is sacrosanct under Article 21 of the Constitution."

The Bench was considering a Special Leave Petition challenging the High Court's order which dismissed the anticipatory bail application of the petitioner for non-prosecution on September 29, 2022.

The counsel for the petitioner, in fact informed the Court of the series of "stereo typed orders" passed by the High Court Judge, dismissing the applications seeking pre-arrest bail in the same fashion.

"This kind of approach in passing orders is not acceptable by this Court at any cost", the Bench remarked while deprecating the High Court Judge's behavior. The Bench then proceed to issue notice in the matter. Before parting with the order, the Court also stayed the arrest of the petitioner in view of the interim order passed by the High Court dated July 2.

An FIR was registered against the petitioner for offences punishable under sections Meerut for offences under Sections 420, 406, 504, 506, 307 and 323 of the Indian Penal Code.

The matter will be next heard on November 25.