Same court can be moved more than once for anticipatory bail

The Calcutta High Court has ruled that if a petition seeking anticipatory bail has been rejected, a petitioner can move the same court again.

Last Updated: Sep 17, 2010, 20:38 PM IST

Kolkata: The Calcutta High Court has ruled that if a petition seeking anticipatory bail has been rejected, a petitioner can move the same court again.

A five-judge special bench headed by Chief Justice J N Patel passed the order allowing an accused to move the court seeking anticipatory bail more than once on the plea by
petitioners that a bar on moving the same court curtailed their rights.

So far, an accused, as per a three-judge bench order of the High court in 2001, was not allowed to move the same court for anticipatory bail if failing once. Due to this provision, an accused, if failing in a lower court, would have to move the high court and then the Supreme Court for anticipatory bail.
The petitioners` lawyer Asish Sanyal submitted that in case of a financially weak petitioner, this acted as a deterrent. The accused would then have the choice of either
surrendering or fleeing, he submitted.

It was also submitted that the Rajasthan High Court and Madhya Pradesh High Court have already allowed moving a court more than once for anticipatory bail. Satisfied with the arguments, the bench yesterday passed the order allowing an accused to move a court more than once.

Other judges in the five judge bench were Justice Bhaskar Bhattacharya, Justice Pinaki Ghosh, Justice K J Sengupta and Justice Asim Roy.

PTI