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Calcutta HC rebukes lawyers, litigants for filing multiple bail applications in the same subject matter

Team SoOLEGAL 20 Dec 2018 11:00am

Calcutta HC rebukes lawyers, litigants for filing multiple bail applications in the same subject matter

The Calcutta High Court bench of Justices Sanjib Banerjee and Suvra Ghosh has come down heavily on litigants and lawyers for filing multiple anticipatory bail applications without revealing that their earlier plea relating to the same subject matter had been rejected.

The HC bench criticised the lawyers involved in the case stating:

“These two matters show a dangerous trend of irresponsibility, callousness and deceit. Some of it probably attaches to the robes that present the petitions.”

Three petitioners had filed anticipatory bail application without making it known that the High Court had, via an order dated March 1, 2017, rejected their prayer.

Another petitioner had applied for two anticipatory bails, out of which one was yet to be listed. Thus, if one petition got rejected, then she could have a second chance in the same matter.

“The petitioner Nos. 1, 3 and 4 in C.R.M. 10646 of 2018 have glibly applied a second time for anticipatory bail without disclosing that by an order dated March 1, 2017 passed by this Court their prayer stood rejected. As far as the second petitioner in C.R.M. 10646 of 2018 is concerned, this is her first petition, but there is a second petition which appears in the list as C.R.M. 10981 of 2018 and which is in connection with the same complaint case. The only possible inference is that if the second petitioner did not succeed in the first case, there was a parallel matter waiting where she could have another bite of the cherry.”

The bench noted that such practice has to be denunciated and deprecated. It then further said that all the four petitioners will pay dearly for the practice and ordered them all to be taken into custody immediately. The bench also directed that the petitioners won’t be allowed to seek bail till – their trial gets completed and they are discharged or acquitted.

“These petitioners will pay dearly for this practice and the deliberate attempt to mislead this Court. All four petitioners should be taken into custody as expeditiously as possible and will not be entitled to seek bail till the completion of trial and upon discharge or acquittal,”  the court said.

 Source: Bar&Bench

Tagged: Calcutta High Court   Justice Sanjib Banerjee   Justice Suvra Ghosh   Anticipatory Bail Applications   Lawyers   Litigants  
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