Aishwarya Rathore –
Published on August 26, 2021, at 11:25 IST
The Supreme Court ruled that filing a Special Leave Petition (SLP) against the rejection of Bail by the High Court after a long delay of years was illogical and the proper course would be to apply for Bail before the High Court.
The Court made this remark while hearing a plea filed after a delay of 1320 days challenging an Allahabad High Court order rejecting bail in 2016.
The Bench stated, “This is clearly wrong legal advice as the appropriate course would be to apply for bail before the High Court.”
The Court was hearing an appeal against an Allahabad High Court order dated September 30, 2016, in which Justice Karuna Nand Bajpayee had rejected a plea seeking the applicant’s release on Bail under Sections 498A and 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The Bench remarked, “Looking at the nature of the offence, its gravity, the evidence supporting it, and the overall circumstances of this case, this Court concludes that the applicant has not made out a case for bail.” Therefore, the prayer for bail of the applicant is rejected.”