Y.BABU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This bench is called upon to answer the following reference made by the learned Single Judge of the High Court of Madras in an order dtd. 21/2/2025 in Crl.O.P.No.31787 of 2024:

(2.) Reference has been made on account of line of Judgments of the Hon'ble Supreme Court of India and the observations made by the Apex Court, and it necessitates this Court to consider the reference in order to avoid inconsistency in dealing with bail/anticipatory bail petitions. Different High Courts are following distinct procedures for listing of bail/anticipatory bail petitions. Therefore, certain procedures being adopted by the one High Court if applied to other High Courts, it results in an anomalous situation and inconsistency in deciding the bail petitions have arisen. Therefore, it is imminent to look into the march of law on the issue relating to listing of bail/anticipatory bail petitions for hearing.

(3.) Initially, the Hon'ble Supreme Court of India in the case of Shahzad Hasan Khan vs. Ishtiaq Hasan Khan and Another,(1987) 2 SCC 684. made an observation in paragraph No.5 of the Judgment that "If successive bail applications on the same subject are permitted to be disposed of by different Judges there would be conflicting orders and the litigant would be pestering every Judge till he gets an order to his liking resulting in the credibility of the Court and the confidence of the other side being put in issue and there would be wastage of Court's time. Judicial discipline requires that such matters must be placed before the same Judge, if he is available for orders".