All bail, consequential pleas must be listed before roster judge: Madras HC
The decision comes after a judge referred it to decide the issue to avoid inconsistency in dealing bail and anticipatory bail pleas
Madras High Court (File)
CHENNAI: The Madras High Court held that all bail and anticipatory bail petitions under the same criminal case must be listed before the single judge or bench holding the portfolio, and in case of change in the roster, successive pleas must be listed before the judge or bench that currently has the portfolio, instead of the predecessor judge.
A division bench of Justices SM Subramaniam and K Rajasekar held that upon change of roster, successive bail pleas, including consequential connected petitions, must be listed before the judge holding the roster as they may give due weightage to the views expressed by the previous judge who dealt with the petition. In cases of differing views taken by the roster judge, the reasons may be recorded, it said.
The decision comes after a judge referred it to decide the issue to avoid inconsistency in dealing bail and anticipatory bail pleas.
Justice Sunder Mohan, who holds the bail jurisdiction portfolio, heard a second bail petition of an accused on February 21, where the predecessor judge dismissed the first plea.
The single judge raised a judicial question of whether the bail plea should be heard by him or the predecessor who dismissed the bail, as the Supreme Court took different views in two different cases. In Sajid vs State of Uttar Pradesh, it was held that the same judge should hear all the bail petitions of an FIR. However, in the recent judgment in Shekhar Prasad Mahto vs Registrar General of the Jharkhand High Court, the apex court decided that the roster judge should hear all the bail applications in the same case.
Hence, he referred the matter to a larger bench to decide whether he or the predecessor should hear the bail plea.
Upon discussing the Supreme Court's several judgments and observations, the bench held all bail pleas and connected petitions should be listed before the roster judge.
Disposing of the bail or anticipatory bail applications in time is a right ensured to an accused under the Constitution, which need not be denied on account of certain procedural difficulties in listing applications, held the bench.
