HC concerned over courts entertaining bail pleas despite pendency

New Delhi: The Delhi High Court has expressed its concern over a disturbing trend of some trial courts entertaining bail applications in spite of the pendency of such pleas before the higher courts and said that the subordinate courts are bound by judicial discipline and propriety concerning the hierarchical system of courts. Justice Anoop Kumar Mendiratta noted that at times, orders are also passed mechanically by the trial courts in the absence of any substantial change in circumstances and in complete disregard to the observations or the factors which weighed with the higher court to decline the relief of bail.

The judge thus ordered that the trial courts shall make an endeavour to ascertain from the accused concerned the pendency of any other bail application before the higher forum or rejection of any earlier bail application before considering the bail application in accordance with the law, saying that this would ensure that the doctrine of judicial discipline and propriety is upheld and avoid any bench hunting,

The court observed that although an accused whose bail plea has been once rejected, is not precluded from filing subsequent pleas in case of change in circumstance or factual position, the concerned court has to give due consideration when the rejection is on merits and has the duty to record the fresh grounds if persuaded it to take a different view.

It may be observed that a disturbing trend of entertaining the bail applications, by some of the subordinate courts, despite the pendency of bail application for consideration before the higher courts has been noticed. Also, at times, the orders are mechanically passed without any substantial change of circumstances and in complete disregard to the observations or the factors which weighed with the higher court in declining the bail. The subordinate courts are bound by the judicial discipline and propriety, having regard to the hierarchical system of the courts, said the court in its order dated

July 4.