Bail pleas arising out of same FIR shall be placed before same judge in HC: SC

Bail pleas arising out of same FIR shall be placed before same judge in HC: SC

The Supreme Court observed today that all Bail Petitions arising from an FIR shall be placed before the same judge in the High Courts.

The bench of Justices CT Ravikumar and Sanjay Kumar while orally observing the same listed the case on 12th December, 2023 for further adjudication. The bench observed that a three-judge bench comprising of Justices BR Gavai, CT Ravikumar and Sanjay Kumar had passed a similar order in a case of Uttar Pradesh wherein direction was given to the Registrar of Allahabad High Court to implement the system wherein the bail petitioner would be listed before the same judge to avoid disparity.

The Bail petition was filed before the Supreme Court against an order of the Rajasthan High Court. Rajasthan High Court granted bail to an accused on 29.08.2023 and when the bail petition of the similarly situated co-accused was listed before the co-ordinate bench, it dismissed the bail plea on 19.10.2023.

The FIR was lodged under the provisions of the NDPS Act by Police Station- Vijay Nagar, Ajmer for recovery of 80 KG Poppy Straw. 

The bench has listed the case again on 12.12.2023 to issue further direction in the case.

Advocate Rishi Matoliya assisted by Advocates Nikhil Kumar Singh, Raghuveer Pujari and Diya Purohit appeared for the petitioner.

Case Details:-

SLP (Crl) No. 15585/2023

Rajpal Versus State of Rajasthan

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