Supreme Court Expresses Concern Over Listing Of Bail Applications Arising From Same FIR Before Different Benches Of Orissa High Court

The Supreme Court has recently expressed concern over the practice prevailing in Orissa High Court whereby different bail applications arising out of same FIR are listed before different Benches of the High Court.

The Court said that such practice leads to ‘anomalous situation’ as some accused may be granted bail by a Bench while some other accused persons (in the same crime) may be denied bail by a different Bench, notwithstanding that all of them are similarly placed in many cases.

The Division Bench of Justice BR Gavai and Justice Sanjay Karol was hearing the appeal of an accused against denial of bail. While going through the paper-book of the cases, the Court found that different applications by different accused persons have been placed before different Benches of the High Court. Thus, it observed,

“In many of the High Courts, the practice followed is that the applications arising out of the same FIR should be placed before one Judge. However, it appears that it is not the practice in Orissa High Court. In the present case, we have come across orders passed by at least three different Judges in the applications of various accused arising out of same FIR.”

Accordingly, it set aside the impugned order and remanded the matter back to the High Court requesting it to pass orders afresh after considering the effects of the orders passed by the other coordinate Benches.

The Court also requested the Registrar General of the Orissa High Court to take note of the aforesaid observations and to pass appropriate orders so as to avoid contrary bail orders arising out of same FIRs.

Case Title: Pradhani Jani v. The State of Odisha

Citation .: 2023 LiveLaw (SC) 455

Order Dated: May 15, 2023

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