New Delhi: The Supreme Court on Friday said all bail applications stemming from one FIR should go before the same judge or bench in high courts to ensure consistency of opinions.
A bench of Justices B R Gavai and K Vinod Chandran referred to a July 2023 order of a three-judge bench of the apex court which said it was appropriate for all matters from one FIR to go before the same judge of a high court for consistency in orders.
"We, therefore, clarify that if in a particular high court, the bail applications are assigned to different single judges/benches, then in that event, all the applications arising out of the same FIR should be placed before one judge/one bench," it said.
This, said the court, would ensure consistency in the views taken in different applications arising out of the same FIR. The direction, however, wouldn't apply when owing to the roster change, the judge dealing with bail matters, hears other matters and not bail.
"However, we expect that in order to maintain consistency in the views taken, the judges who hear the subsequently filed applications may give due weightage to the view taken by the earlier judges who have dealt with the bail applications arising out of the same FIR," said the court.
The bench passed the order on a plea which said the petitioner's bail application was pending for the last three months before the Jharkhand High Court.
The petitioner's counsel referred to the apex court's order on the matter going before the same judge in the high court and argued his client's bail plea was placed before another judge of the high court whereas a different judge passed the order in the case of a co-accused.
The apex court observed assigning bail applications arising out of the same FIR to different benches led to an anomalous situation where some of the benches granted bail and others took a different view.
In most high courts, the roster system was followed and after a particular period, the assignment of the judges changed, it added. The bench said the single judge who heard bail matters, might in the subsequent roster be a part of the division bench.
While disposing of the plea, it directed the registrar (judicial) of the apex court to forward a copy of its order to the registrar general of all high courts.
In July 2023, the apex court said it came across various matters from the Allahabad High Court in which matters arising out of the same FIR were placed before different judges.
