On Monday (August 31,2020), Himachal Pradesh High Court expressed it’s concern over the case of the institution of two bail petitions arising out of the same FIR by the same petitioner. The bench of Justice Jyotsna Rewal Dua directed registrar general of the court to evolve a software where one can file more than one bail petition in the court by the same petitioner during the pendency of previous bail petition, arising out of the same FIR can be detected and consequent steps can be taken at a threshold.
On August 4, the first bail petition was filed through an email on a power of attorney signed by the petitioner with the endorsement of the Assistant Superintendent Jail, Lala Lajpat Rai District and Open Air Correctional Hone, Dharamshala, Himachal Pradesh. And the second bail petition was filed on August 6 which was also filed through an email, it is also the power of attorney signed by the petitioner with endorsement of the same Superintendent Jail, Lala Lajpat Rai District and Open Air Correctional Home, Dharamshala, Himachal Pradesh.
When the first bail petition was listed on August 19, it was pointed out by the court that second bail petition arising out of the same file is listed on August 20, before the same bench therefore it was held that both the petitions were ordered to be listed together on August 20. The counsel for the petitioner in the first bail petition stated that the local lawyer handed him the brief whereas, the counsel for the petitioner in the second bail submitted that the relatives of the bail petitioner gave him the brief.
The Additional Advocate General submitted that no record had been maintained by the concerned jail superintendent with respect to the execution of the power of attorneys by the persons in custody.
The bench stated that “The conduct of the petitioner is appalling. Filing of two petitions by the same petitioner arising out of same FIR amounts to an abuse of judicial process and is strongly condemned. The court expresses its disapproval over the manner in which simultaneously two bail petitions have been filed in this court and records it and indignation”.
Petitioner of the second bail petition was warned by the court that the petitioner or his relatives will not indulge in such activities in the near future. Senior Counsel Virendra Singh Chauhan, assisted as an amicus curiae in the matter.
