Himachal Pradesh High Court
Naresh Kumar vs . State Of Hp on 18 November, 2024
Author: Sushil Kukreja
Bench: Sushil Kukreja
Naresh Kumar Vs. State of HP
Cr.MP(M) No.1972 of 2024
18.11.2024 Present: Mr. Narendra Guleria, Advocate, for the petitioner.
Mr. Navlesh Verma, Additional Advocate General,
with Mr. Gautam Sood, Mr. Raj Negi & Ms. Niyati
Thakur, Deputy Advocates General, for the
respondent/State.
Mr. Abhilash Kumar, Drugs Inspector, The State
Drugs Controller, HQ at Baddi, Distt. Solan, HP
present in person.
On the last date of hearing, this Court passed the
following order:-
"Learned counsel for the petitioner has placed reliance
upon the judgments passed by the Coordinates Benches of
this Court in Cr.MP(M) No.886 of 2024, titled Mohit Bansal
Vs. State of HP, decided on 29.08.2024 and Cr.MP(M)
No.1890 of 2024, titled Dinesh Sharma Vs. State of HP,
decided on 01.10.2024 in the same complaint.
As per Note-12 of the Roster of Boards:
"Successive bail application(s) of the same
accused and bail application(s) of the co-accused
shall be listed before the same Bench, irrespective
of whether the same Hon'ble Judge is holding the
Roster or not, or is available in Single Bench on
that day or not.
Application(s) for cancellation of bail will also
follow the same rule.
In case the Hon'ble Judge who dealt with earlier
application is no longer available in this Court on
account of transfer, elevation or retirement,
successive bail application(s) or application(s) for
cancellation of bail will be listed before the senior
most Hon'ble Judge dealing with bail matters".
Therefore, Registrar (Judicial) is directed to clarify as
to whether the regular bail application filed by any petitioner/
accused has to be listed/being listed before the same
Bench, which had disposed of his anticipatory bail
application, or not.
List for consideration on 18.11.2024."
In compliance to the aforesaid order, the Registrar
(Judicial) has appended a note in Part B of the file as under:-
"In compliance to order dated 13.11.20243, it is
submitted that the Roster of Boards, has been prepared
under the directions of Hon'ble the Chief Justice. In Point
No.12 of the "Roster of Boards only "term bail applications"
has been mentioned. No distinction has been made
regarding regular bail application or anticipatory bail
application in the said Roster point No.12. The Roster only
points out towards the "successive bail applications" of the
same accused or co-accused arising out of the same FIR."
Perusal of the aforesaid note shows that the query,
which has been raised by this Court, has been evaded by the
Registrar (Judicial) in a highly derogatory manner for the reasons
best known to him in violation of this Court's order dated
13.11.2024. He was directed to clarify 'as to whether the
regular bail application filed by any petitioner/accused has
to be listed/being listed before the same Bench, which had
disposed of of his anticipatory bail application or not'.
Therefore, the Registrar (Judicial) is once again
directed to specifically answer the query raised by this Court,
vide order dated 13.11.2024, by filing an affidavit, otherwise
proceedings under the Contempt of Courts Act, 1971 will be
initiated against him for violation of the order passed by this
Court on 13.11.2024.
List on 21.11.2024.
(Sushil Kukreja)
November 18, 2024 Judge
(VH)
