HP HC: Its Serious Concern If There Is Institution Of Two Bail Petitions In The Same FIR By The Same Petitioner

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Justice Jyotsna Rewal Dua, while hearing two separate bail petitions filed under Section 439 of the Code of Criminal Procedure by the same petitioner, directed the Registrar General of the court to evolve a software wherein filing of more than one bail petition in this court by the same petitioner during the pendency of the previous bail petition, arising out of same FIR can be detected and consequent steps can be taken at the same time.

The first bail petition was filed through an e-mail on August 4, 2020 on a power of attorney signed by the petitioner with the endorsement of the Assistant Superintendent Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, Himachal Pradesh. The second bail Petition, was also filed through an e-mail on August 6, 2020. It is also on the power of attorney signed by the Petitioner with the endorsement of the same Assistant Superintendent Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, Himachal Pradesh.

On August 19, when the first bail petition was listed, it was pointed out by the Court Reader that second bail Petition, arising out of the same FIR, is listed on August 20, before the same bench. Therefore, both the above petitions were ordered to be listed together on August 20. 

The counsel for the petitioner in the first bail Petition stated that the brief was handed over to him by a local lawyer, whereas the counsel for the petitioner in second bail submitted that he got the brief from the parents/relatives of the bail Petitioner.

The Additional Advocate General submitted that no record had been maintained by the concerned Jail Superintendent with respect to the execution of the power of attorneys by the persons in custody. The Court expressed serious concern over the misconduct of the bail petitioner in simultaneously filing two bail Petitions before this Court in the same case.

The bench stated: “The conduct of the Petitioner is appalling. Filing of two Petitions by the same Petitioner arising out of same FIR amounts to an abuse of judicial process and is strongly condemned. The Court expresses its disapproval over the manner in which simultaneously two bail petitions have been filed in this Court and records its indignation.”

The second bail Petition was withdrawn by the Petitioner and he was warned by the Court that the Petitioner or his relatives will not indulge in such activities in future.

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