SLP Against Bail Rejection after years ‘Wrong Legal Advice’; Proper course is to move HC for bail: Supreme Court

By Khan Ahmad Darvesh

The Supreme Court has said that filing a special leave petition against the refusal of bail by the High Court after an extended delay of years was illogical and also

the correct course would be to apply for bail before the High Court.

The Court created this observation whereas hearing a petition filed after a long delay of 1320 days against Allahabad High Court’s order of rejecting bail in 2016.

A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy mentioned that they didn’t appreciate why a special leave petition was filed after the considerable delay.

“This is clearly wrong legal recommendation because the acceptable course would be to apply for bail before the High Court”, the bench aforesaid.

The comments came because the bench aforesaid that it had been discovering a variety of such cases wherever after years along, a special leave petition was filed against rejection of bail.

Background

The bench within the present matter was hearing a bail appeal against the Allahabad High Court order dated Sept 30, 2016, whereby the only bench of Justice Karuna Nand Bajpayee had rejected an appeal looking at the discharge of the appellant on bail just under case Crime No. 594 of 2014, u/s 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Medical, District- Meerut.

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