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Criminal · Reportable judgment

Rajpal vs State of Rajasthan

Court
Supreme Court of India
Date
12 December 2023
Case No.
Special Leave Petition (Crl.) No.15585 of 2023
Result
Dismissed
Bench
C.T. Ravikumar, Sanjay Kumar
Citation
[2023] 16 S.C.R. 1136 : 2023 INSC 1089
Supreme Court Reports [2023] 16 S.C.R. 1136 : 2023 INSC 1089
Issue for consideration
Matter pertains to the concern expressed by the Court on the lethargy in following its earlier orders in the matter of dealing with bail applications arising out of the same FIR. Judicial notice – Bail applications arising out of the same FIR – Placed before different Judges leading to anomalous situation – Some of the Judges granting bail and some other Judges refusing to grant bail, even when the role attributed to the applicants is almost similar – Earlier orders by this Court that it would be appropriate that all the matters pertaining to one FIR are listed before the same Judge so that there is consistency in the orders passed – However, the High Courts lethargic in following the earlier orders in the matter of dealing with bail applications arising out of the same FIR:
Headnote

Held: In view thereof, concern expressed by this Court on the lethargy in following the earlier orders in the matter of dealing with bail applications arising out of the same FIR to avoid conflicting decisions – Issuance of direction to Registrar (Judicial) of the Registry of this Court to communicate this order along with a copy of its earlier order to the Registrar (Judicial) of all the High Courts. [Paras 3-6]

LIST OF CITATIONS AND OTHER REFERENCES

Narcotics Control Bureau v. Mohit Aggarwal (2022) 6 WLC 58 (SC) – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT ORDER 1. Learned counsel for the petitioner, after arguing for some time, sought permission to withdraw this special leave petition. Recording the said submission, this special leave petition is dismissed as withdrawn, but with the following observation touching the recurrence of a situation occurring despite the repeated orders of this Court made with a view to avert such situations. 2. On going through the pleadings in the special leave petition, it is evident that the case of the petitioner is founded on the claim of parity, in view of the factual po
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