Institution Of 2 Bail Petitions Arising Out Of The Same FIR By The Same Petitioner Is A Matter Of Serious Concern', HP HC Issues Slew Of Directions [Read Order]

The Himachal Pradesh High Court on Monday (31st August) expressed its concern over the case of the institution of two bail petitions arising out of the same FIR by the same petitioner.The bench of Justice Jyotsna Rewal Dua also directed the Registrar General of the court to try and evolve software wherein filing of more than one bail petition in this Court by the same petitioner during the pendency of previous bail petition, arising out of same FIR can be detected and consequent steps can be taken at the threshold.In this matter, 2 separate bail petitions under Section 439 of the Code of Criminal Procedure were preferred by the same petitioner, i.e. Sunil Kumar, through two different lawyers.In both these petitions, prayer was for the release of petitioner on bail in FIR No.164 of 2019, registered on 01.11.2019 under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Dharamshala, District Kangra, Himachal Pradesh.The backgroundThe first bail Petition, being CrMP(M) No.1303 of 2020, was instituted through an e-mail on 04.08.2020 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, dated 14.07.2020.The second bail petition, being Cr.MP(M) No.1321/2020, was also instituted through an e-mail on 06.08.2020. 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, dated 30.07.2020.Now both these petitions, i.e. Cr.MP(M) Nos.1303 of 2020 and 1321 of 2020, were listed on 06.8.2020 and 07.8.2020, respectively and incidentally before the same bench, when the respondent-State was directed to file status reports in both these matters before the next date of hearing, given as 19.08.2020 and 20.08.2020, respectively.On 19.08.2020, when the first bail petition (Cr.MP(M) No.1303/2020) was listed, it was pointed out by the Court Reader that Cr.MP(M) No.1321 of 2020, arising out of the same FIR, is listed on 20.08.2020.Resultantly, both the above petitions were ordered to be listed together on 20.08.2020. On 21.08.2020, both the learned counsel representing the same petitioner in separate bail petitions professed to have separate and positive instructions for proceeding ahead with their separate bail petitions.In view of the emergence of serious related issues, Mr Virender Singh Chauhan, learned Senior Counsel graciously accepted the request to assist as an amicus curiae in the matter.During the hearing of the case learned counsel for the petitioner in Cr.MP(M) No.1303 of 2020 stated that the brief was handed over to him by a local lawyer, whereas learned counsel for the petitioner in Cr.MP(M) No.1321 of 2020 submitted that he got the brief from the parents/ relatives of the bail petitioner.Court's observationThis Court expressed serious concern over the misconduct of the bail petitioner in simultaneously filing two parallel bail petitions before this Court in the same case without divulging the complete details.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 Court was inclined to take action against such conduct. However, on the fervent request made by learned counsel for the petitioner(s) and supported by the learned Amicus Curiae, Cr.MP(M) No.1321 of 2020 was ordered to be closed as withdrawn with a strong warning to the petitioner/his relatives not to indulge in such activities in future.However, before proceeding with the merits of the case in Cr.MP(M) No.1303 of 2020, in order to ensure that such incidents do not happen in future, the court gave some directions.First Issue - In the present matter, separate status reports in both the bail petitions were filed by the respondent-State. These status reports were verbatim the same. There was no reference in either of the status reports about the same petitioner having filed another bail petition in this Court under the same FIR.In this context, the court said,"These are serious lapses. It has also come to the notice of this Court that invariably, the status reports filed by the respondent-State do not reflect any history of previous bail petitions filed by the concerned petitioner."Direction given by the Court - Such record should also be maintained by the investigating agency. It is necessary that the status report filed by the State should reflect details of all previous bail petitions filed by the petitioner irrespective of the fact whether the same were eventually withdrawn by him or not.Further, the court...

Institution Of 2 Bail Petitions Arising Out Of The Same FIR By The Same Petitioner Is A Matter Of Serious Concern', HP HC Issues Slew Of Directions [Read Order]

Sparsh Upadhyay

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