Filing of Two Anticipatory Bail Applications for Same Cause Seen as Attempt to Mislead Court
In a significant ruling, the Delhi High Court has dismissed the anticipatory bail application of an accused, Harsh, who filed multiple applications before different courts for the same cause. The judgment, delivered by Justice Girish Kathpalia, highlights the misuse of judicial process and attempts to mislead the court under the guise of liberty.
The case, titled Harsh v. State Government of N.C.T. of Delhi, involved the petitioner filing two separate anticipatory bail applications in different courts. The first application was filed with the Court of Sessions, represented by Advocate Sunil Singh Tomer, while the second was filed with the Delhi High Court, represented by Ms. Shweta S. Kumar. The High Court application was heard via videoconferencing, with the petitioner present.
Justice Kathpalia noted the serious nature of filing multiple applications for the same matter, emphasizing that such actions represent a clear abuse of judicial process. The court found the petitioner evasive when questioned about the rationale behind filing two applications simultaneously. Despite the petitioner's claim that the applications were orchestrated by his mother and that he was unaware of the details, the court observed that both applications bore his signature and were supported by his affidavit, indicating his involvement.
The judgment underscored that such conduct cannot be excused in the name of liberty and labeled the action as an effort to hoodwink the court. Consequently, the anticipatory bail application filed with the High Court, along with the accompanying application, was dismissed.
The ruling serves as a stern reminder of the importance of maintaining integrity within judicial proceedings and the repercussions of attempting to manipulate the legal process.
Bottom Line:
Filing multiple anticipatory bail applications before different courts for the same cause is a clear abuse of process and an attempt to hoodwink the court.
Statutory provision(s): Criminal Procedure Code, 1973 - Section 438
Harsh v. State Government of N.C.T. of Delhi, (Delhi) : Law Finder Doc id # 2844473
