Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies

The Supreme Court recently clarified its earlier judgments which mandated that bail applications arising out of the same FIR should be placed before the same bench/judge, taking note of the practical difficulties which arise after roster changes.

If the judge who dealt with the earlier bail application becomes a part of a division bench after a roster change, then the subsequent bail application by another accused in the same FIR might get a delayed listing, as the said judge is not regularly hearing bail applications.

In view of such difficulties, the bench comprising Justice BR Gavai and Justice Vinod Chandran clarified that the rule for listing the bail applications before the same judge would not apply in such scenarios, where the previous judge is no longer hearing bail applications due to roster change.

In Rajpal Vs. State of Rajasthan 2023 LiveLaw (SC) 1066, the Supreme Court had held that bail applications from the same FIR should be listed before one particular bench. This direction was issued to avoid the situation of conflicting orders passed by different benches with respect to the same FIR.

However, since the High Courts follow the roster system, after a particular period, the assignment of the judges change.It is also quite possible that the Single Judge, who was earlier taking up the assignment of bail matters may in the subsequent roster be a part of the Division Bench.

Therefore, the bench observed that if the direction to list bail applications before the same bench is to be followed universally, it may lead to disruption of benches and delays. Hence, the bench made the following clarifications :

"We, therefore, clarify that if in a particular High Court, the bail applications are assigned to different single Judge/Bench, in that event, all the applications arising out of same FIR should be placed before one learned Judge.

This would ensure that there is a consistency in the views taken by the learned judge in different bail applications arising out of the same FIR.

However, if on account of change of the roster, the learned judge who was earlier dealing with the bail matters is not taking up the bail matters, the aforesaid directions would not be applicable."

The Court however added that the  judge, who will hear the subsequent applications filed for bail, may give due weightage to the views taken by the earlier judge, who had dealt with the bail applications arising out of the same FIR.

The Registrar was directed to forward a copy of the order to all High Courts.

Case : Shekhar Prasad Mahto v The Registrar General Jharkhand High Court

Citation : 2025 LiveLaw (SC) 188

Click here to read the order