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Don’t grant bail if higher courts gives pre-arrest relief: SC

bail

New Delhi: The Supreme Court has asked trial courts to immediately discontinue with the practice of granting regular bail in cases that are pending in higher courts.

The top court said an accused cannot surrender before a trial court and seek regular bail when a higher court has already granted a pre-arrest bail and the matter is pending there.

It said that copies of its order be sent to directors of all judicial academies in the country for bringing to the notice of all judicial officers exercising criminal jurisdiction in their respective states.

A bench of Justice Ranjan Gogoi and Justice Navin Sinha took note of an incident in which a trial court in Jharkhand had granted regular bail to an accused, who had already managed to get anticipatory bail from the top court as an interim relief while the matter was still pending.

The top court order came on a plea filed by Jharkhand, through its standing counsel Atulesh Kumar, challenging the grant of regular bail by the trial court.

The bench clarified the factual position and said when the top court or a high court or even a sessions judge grants anticipatory bail and the matter is pending before that court, there can be no occasion for the accused to appear and surrender before the trial court and seek regular bail.

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