All the bail applications arising out of the same F.I.R. shall be placed before one Judge: Supreme Court

In compliance with the Order dated February 7, 2025 passed by the Supreme Court of India in Shekhar Prasad Mahto @ Shekhar Kushwaha Versus The Registrar General Jharkhand High Court & Anr, Patna High Court has issued a circular drawing the attention towards the following directions:

1. All the bail applications arising out of the same F.I.R. shall be placed before one Hon'ble Judge.

2. If on account of change of the roster, the Hon'ble Judge who was earlier dealing with the bail matters is not taking up the bail matters, the aforesaid directions that all the bail applications arising out of the same F.I.R. shall be placed before one Hon'ble Judge, shall not be applicable.

3. Further, in order to maintain consistency in the views taken by the Court, the Hon'ble Judge, who will hear the subsequent applications filed for bail, may give due weightage to the views taken by the earlier Hon'ble Judge, who had dealt with the bail applications arising out of the same FIR.

The Circular Order No. 01 of 2024 and 03 of 2024 issued in the light of directions contained in the judgment dated January 19, 2024 passed by the Supreme Court ourt of India in Kusha Duruka vs. The State of Odisha (2024) is superseded to the above extent. The aforementioned instructions shall be followed scrupulously henceforth by all concerned and any deviation shall be indicated as defect by the Stamp Reporting Section. Non-compliance of the instructions by the Registry shall be viewed seriously. 

On Febryary 7, 2025, in Shekhar Prasad Mahto @ Shekhar Kushwaha Versus The Registrar General Jharkhand High Court & Anr, Supreme Court's Division Bench of Justices B.R. Gavai and K. Vinod Chandran recorded in ist judgement that "the counsel for the petitioner submitted that in defiance of the orders passed by this Court on 31.07.2023 in SLP(Crl.) No. 7203 of 2003 and on 12.12.2023 in SLP(Crl.) No. 15585 of 2023, the matters pertaining to the same FIR were not placed before the same learned Judge. It is submitted that this Court in unequivocal terms has directed that all the matters arising out of the same FIR should be placed before the same learned Judge. It is, however, submitted that in the present case though Judge ‘A’ had passed an order in the bail application preferred by a co-accused, the application for bail preferred by the petitioner was placed before Judge ‘B’. The three judges-Bench of this Court in SLP(Crl) No. 7203 of 2023 has observed thus: “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 attributed to the applicants is almost similar.”

These observations were reiterated by a Division Bench of the Supreme Court in SLP(Crl.) No. 15585 of 2023 titled as “Rajpal Vs. State of Rajasthan”.

The Court observed: "What this Court meant in passing the order dated 31.07.2023 was that when the bail matters are assigned to different Benches and when those bail applications arise out of the same FIR and if such application are heard by different Benches, it leads to an anomalous situation, inasmuch as some of the benches grant bail whereas some of them take a different view. However, it is to be noted that in many High Courts, the roster system is followed. After a particular period, the assignment of the learned Judges change. It is also quite possible that the learned Single Judge, who was earlier taking up the assignment of bail matters may in the subsequent roster be a part of the Division bench. We are, therefore, of the view that if the aforesaid direction is followed universally, it may lead to disruption of benches inasmuch as the learned judge who had initially heard the bail application of one of the accused, may have become a part of some Division Bench when a bail application arising out of the same FIR is filed by another accused. We, therefore, clarify that if in a particular High Court, the bail applications are assigned to different single Judge/Bench, in that event, all the applications arising out of same FIR should be placed before one learned Judge. This would ensure that there is a consistency in the views taken by the learned judge in different bail applications arising out of the same FIR. However, if on account of change of the roster, the learned judge who was earlier dealing with the bail matters is not taking up the bail matters, the aforesaid directions would not be applicable. Further, we expect that in order to maintain consistency in the views taken by the Court, the learned judge, who will hear the subsequent applications filed for bail, may give due weightage to the views taken by the earlier judge, who had dealt with the bail applications arising out of the same FIR."

The Court concluded: "14. We find that if this is not followed and if the judges siting in the Division Bench or thereafter taking up different assignments are required to take up the applications arising out of the same FIR, it may further delay the decisions in the bail matters. The Registrar (Judl.) is directed to forward a copy of this order to the Registrar Generals of all the High Courts. Needless to state that taking into consideration the urgency in deciding bail matters, learned Judge of the High Court to whom the bail application of the present petitioner is assigned, shall decide the matter expeditiously."