Ajay Rastogi, Sanjay Kishan Kaul,  Aniruddha Bose
Ajay Rastogi, Sanjay Kishan Kaul, Aniruddha Bose
Litigation News

Supreme Court asks Registry to explain delay of a year in listing an anticipatory bail plea by flouting the court-ordered four weeks limit

The matter was first heard on September 19, 2019 and notice was issued. However the bench had directed the case to be listed within four weeks but instead the case came up for hearing on August 28, after almost a year.

Debayan Roy

A three-judge bench of the Supreme Court led by Justice Sanjay Kishan Kaul called for an explanation from registry officials as to why was an anticipatory bail plea not listed within four weeks as ordered in September, 2019.

Petitioner-Mahtab Alam is an accused of the alleged offence of cheating with regard to refusal to execute deed for sale of land against receipt of an advance of 50 lakhs, being cash transaction of 15 lakhs and remaining 35 lakhs via bank transaction.

The matter was first heard on September 19, 2019 and notice was issued. However the bench had directed the case to be listed within four weeks but instead the case came up for hearing on August 28, after almost a year.

We are however troubled by the fact that while issuing notice on 19th September, 2019, we had made the order returnable in four weeks. The matter was of anticipatory bail. This is the first time the matter has seen the light of the day after almost an year.

Reads SC order

Petitioner was released on provisional bail by the Patna High Court and the provisional bail was to be confirmed after receipt of the entire amount of Rs.50 lakhs.

This order of the High Court was challenged in Supreme Court by a SLP in which an order was passed on September 19, 2019, by which notice was issued returnable in 4 weeks.

The petitioner was arrested in the meanwhile and was later on released on regular bail. On this basis, the Supreme Court today disposed the matter of anticipatory bail pending before it as having become infructuous.

The bench of Justices Kaul, Ajay Rastogi and Aniruddha Bose has now asked Registry to furnish an explanation "on the administrative side as to why the matter was not listed as directed after four weeks, more so, in the nature of matter being of anticipatory bail".

The registry has been directed to furnish an explanation within two weeks.

[Read order]

Registry to furnish detail on delayed listing -Order.pdf
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