Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Update: 2025-01-23 10:34 GMT
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The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench of Justice JK Maheshwari and Justice Arvind Kumar was hearing a plea for anticipatory bail. The bench noted that before the High Court...

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The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. 

The bench of Justice JK Maheshwari and Justice Arvind Kumar was hearing a plea for anticipatory bail. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the disinclination of the High Court in granting anticipatory bail. 

Subsequently, in another application filed by the accused, the High Court took a stringent view. It noted that despite the FIR being registered against the accused on June 25, 2023, no action had been taken for more than a year against the accused. The High Court further directed the police to file a status report of the investigation by the next hearing. When the matter was listed again, the petitioner withdrew the application again. 

Taking note of the above facts, the Supreme Court bench observed that the petitioner was trying to take undue advantage of the law. The bench imposed costs of Two Lakhs on the accused and directed the Police Commissioner of Amritsar to arrest the petitioner within 3 days. 

 "It is a fact that even after rejection of the first bail application and the second bail application, the petitioner has not been taken into custody. Thereby, petitioner intends to take undue advantage of procedural law for reasons best known."

"We are inclined to dismiss this special leave petition with costs of Rs.2,00,000/ (Rupees Two Lakhs). The costs be deposited by the petitioner with the Punjab State Legal Services Authority and proof thereof be filed within one week. Ordered accordingly."

"We direct the Commissioner of Police, Amrtisar, to arrest the petitioner within three days and to file an affidavit before the Registry of this Court on the fourth day." 

Case Details : PARTEEK ARORA @ PARTEEK JUNEJA v. STATE OF PUNJAB | SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 1920/2025

Citation : 2025 LiveLaw (SC) 104

Click here to read the order

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