Wednesday, 17 January 2018

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Expressing disapproval of the practice of trial courts giving regular bail to accused on the basis of higher courts' order to grant interim anticipatory bail, the Supreme Court has restrained subordinate courts from passing such orders, saying that it is an abuse of the process of law. A bench of Justices Ranjan Gogoi and Navin Sinha said that trial court's order granting bail to accused would virtually make the higher court's order infructuous if it finally decided to withdraw the interim protection given to accused by dismissing plea for anticipatory bail . "Once a regular bail is granted by a subordinate court on the strength of the interim/pre-arrest bail granted by the superior court, even if the superior court is to dismiss the plea of anticipatory bail upon fuller consideration of the matter, the regular bail granted by the subordinate court would continue to hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior court meaningless," the court said. The bench passed the direction after noting that it had become a regular practice for accused to surrender before trial court and seek regular bail just after interim pre-arrest bail was granted by higher forums.

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