P&H High Court: ‘Abuse Of Court Process’ to file Successive Anticipatory Bail Applications Without Substantive Change In Circumstances

punjab-haryana-high-court LAW INSIDER

Shashwati Chowdhury

Published on: June 14, 2022 at 17:50 IST

The Punjab and Haryana High Court has reiterated that a person apprehending arrest filing successive anticipatory bail applications without any significant change in circumstances is an abuse of the court’s process.

Justice Vikas Bahl, in dismissing one such application, ordered a cost of Rs 50,000/- to be paid to the District Legal Services Authority within a month.

In this case, the Petitioner is accused of forging documents in order to benefit from a revised pay scale. The Additional Sessions Judge had already denied his request for anticipatory bail. A second anticipatory bail application was then filed, but it was withdrawn after the Court showed its reluctance to grant relief. One month later, the current plea was filed.

It was observed by the Court, “No subsequent event or change in circumstance, much less, substantial change in circumstance has been pointed out by learned counsel for the petitioner or averred in the present petition.”

The case of G.R. Ananda Babu v. State of Tamil Nadu & Anr. was referred. It was held by the Supreme Court that a specious reason of change in circumstances cannot be used for successive anticipatory bail applications once it has been rejected by a spoken order.

When the matter was heard on the merits, the court found that the petitioner had gained a revised pay scale from the department by submitting a forged document and had committed the offences listed in the FIR prima facie. As a result, he does not deserve to be granted anticipatory bail.

“The petitioner thus, by submitting forged documents had received benefits of a revised pay scale from the department and prima facie has committed the offences mentioned in the FIR and does not deserve the concession of anticipatory bail.” the Court said.

The second petition was so dismissed with costs.

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