Rajpal vs State Of Rajasthan

REPORTABLE 2023 INSC 1089 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NO. 15585 OF 2023

RAJPAL Petitioner(s)

VERSUS

STATE OF RAJASTHAN Respondent(s)

O R D E R

1. After arguing for some time, learned counsel for the

petitioner sought permission to withdraw this special

leave petition. Recording the said submission, this

special leave petition is dismissed as withdrawn.

2. However, on going through the pleadings in the

special leave petition, it is evident that the case of

the petitioner is founded on parity in the sense that his

co-accused was granted bail by a coordinate bench of the

High Court of Judicature for Rajasthan, Bench at Jaipur.

The impugned judgment would reveal that even after going

through the order dated 29.8.2023 passed in the case of Signature Not Verified

co-accused by the Coordinate Bench did not reveal that Digitally signed by NIRMALA NEGI Date: 2024.01.05 16:46:03 IST Reason:

the judgment of this Court in Narcotics Control Bureau

Vs. Mohit Aggarwal reported in 2022 (6) WLC 58 (SC). 2

3. In view of the grant of permission to withdraw the

special leave petition, we do not think it necessary to

delve into the matter further. However, we are of the

view that the concern of this Court, in deciding bail

applications arising out of the same FIR before different

Benches of the High Court, which was deprecated by this

Court earlier, has to be reiterated.

4. A three-Judge Bench of this Court in SLP(Criminal)

No. 7203/2023 as per order dated 31.7.2023, took note of

such a situation and observed as follows:-

7. We have come across various matters from the

High Court of Allahabad, wherein matters arising

out of the same FIR are placed before different

Judges. This leads to anomalous situation.

Inasmuch as some of the learned Judges grant bail

and some other Judges refuse to grant bail, even

when the role 3 attributed to the applicants is

almost similar.

8. We find that it will 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.

3

5. After making such observations, this Court issued a

direction to the Registrar (Judicial) of this Court to

communicate the said order to the Registrar (Judicial) of

the High Court of Allahabad.

6. Now, taking note of the fact that such situations are

occurring in different High Courts, we are of the view

that a further direction is to be issued in that regard.

The Registrar (Judicial) of the Registry of this Court is

directed to communicate this order to the Registrar

(Judicial) of all the High Courts and they are directed

to place the same before the Chief Justice of the High

Court for consideration.

..................,J.

(C.T. RAVIKUMAR)

..................,J.

(SANJAY KUMAR) NEW DELHI;

DECEMBER 12, 2023.