STEPHY WATSON Vs. STATE OF KERALA

JUDGEMENT

(1.) These cases have been placed before this Special Bench pursuant to a reference by a learned Single Judge seeking clarification on the procedure to be adopted by the Registry for posting successive or subsequent bail applications arising out of the same crime.

(2.) Recently, in Kusha Duruka v. State of Odisha [(2024) 4 SCC 432] and Pradhani Jani v. The State of Odisha (2023 LiveLaw (SC) 455), it has been observed that all matters arising from the same Crime/FIR must be placed before the same Judge in order to avoid inconsistent or contradictory decisions. Though the said directions pertained to the respective courts concerned, the said judgments were directed to be circulated to all High Courts for correction of the system, wherever required. Due to the aforesaid observations, the Registry of this Court has been placing all successive and subsequent bail applications, of the same accused and even that of co-accused in both anticipatory and regular bail applications, before the same Judge who had considered any type of applications earlier, relating to the same crime.

(3.) The learned Single Judge before whom all bail applications were being posted, expressed a doubt after mentioning a poignant situation. After referring to the factual difficulties, it was observed that the practice of placing bail applications of all types before the same Judge who had initially considered any one application arising out of the same crime, has started choking the present roster of work allotted to the learned Judge. Since the reference order explicitly elucidates the situation, it is appropriate to extract the relevant portion, as below: