30 Nov 2023 4:10 AM GMT
The Supreme Court expressed its surprise that the Patna High Court reserved judgment on an anticipatory bail plea for a year.
The bail application was heard by a single-judge bench of the High Court and was reserved for orders on 07.04.2022. However, the bench released the matter almost after a year, i.e., on 04.04.2023. The reasoning given was that the judge, as a lawyer, had appeared in one of the bail matters arising out of the same information report. Accordingly, the matter was listed before another Bench.
“We are extremely surprised as to how the order on the petition seeking anticipatory bail could be kept pending for one year.,” stated the Supreme Court bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma.
The petitioner sought the anticipatory bail plea in connection with the offences under the Prevention of Money Laundering Act, 2002 (PMLA). After first bench released the matter, another bench heard it and on 19.07.2023, rejected the same. The order rested upon the ground that under section 45 of the PMLA 2002, the petitioner had not made a case for the grant of anticipatory bail.
Against this backdrop, she preferred the present appeal before the Top Court. The Court, however, expressed reservations in allowing the bail plea. Thus, the same was withdrawn.
However, the Supreme Court's attention was drawn to the fact that the High Court had heard the matter and reserved the same for orders on 07.04.2022 and had released the matter as per the order dated 04.04.2023, i.e., almost after one year.
In this background, the Court, after expressing its surprise, directed that the Registrar General of the Patna High Court may get the details of the matter and submit the report before 08.01.2024.
Accordingly, the matter is next listed on 08.01.2024 solely for compliance purposes.