The Supreme Court has taken observe of the apply within the Orissa High Court the place purposes filed by completely different accused in the identical FIR are handled by separate benches, and stated this results in “anomalous situation”.
The apex court docket noticed that in lots of excessive courts, the apply adopted was that purposes arising out of the identical FIR needs to be positioned earlier than one decide.
A bench of Justices B R Gavai and Sanjay Karol was coping with a plea filed by an accused difficult the January order of the Orissa High Court rejecting his software in search of bail in a case registered beneath the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The prime court docket noticed that it has come throughout orders handed on this case by no less than three completely different judges of the excessive court docket on the purposes of varied accused arising out of the identical FIR.
“Such a practice leads to anomalous situation. Certain accused are granted bail whereas certain accused for the very same crime having similar role are refused bail,” the bench stated in its order handed on May 15.
It quashed the January 31, 2023 order and remanded the matter again to the excessive court docket.
“The high court is requested to consider the effect of the orders passed by the other coordinate benches and pass orders afresh. The same shall be done within a period of one month from today,” it stated.
“The registrar (judicial) of the registry of this court is directed to forward a copy of this order to the registrar general of the Orissa High Court, who is requested to take note of the aforesaid and consider passing appropriate orders so that contrary orders in the same crime are avoided,” the bench stated.
The apex court docket was listening to a plea filed by a person who was aggrieved by the rejection of his bail software by the excessive court docket.
“The perusal of the paper books would reveal that various applications filed by various accused have been entertained by different single judges of the same high court. 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,” the bench stated.
In its January 31 order, the excessive court docket had famous that the offence pertains to alleged possession and transportation of contraband ‘ganja’ weighing over 113 kg.