In a judgment that will change the way bail pleas are filed & heard, the Punjab & Haryana HC has ruled that all anticipatory & regular bail applications filed after Mar 16 will be cleared for hearing only if the petitioner’s involvement in other cases is mentioned. The HC had initially set Feb 17 as the deadline for the purpose, but the date now stands extended.

The direction by Justice Arvind Singh Sangwan came during the hearing of a petition filed against the Punjab Govt for anticipatory bail. Justice Sangwan asserted the problem faced by the court in every case for anticipatory or regular bail was that the number of cases the accused-petitioner was involved wasn't mentioned.

“The Registry is directed to make it essential that all anticipatory/regular bail applications, which are filed after Feb 17, will be passed only if specific paragraph is added in all these petitions whether the petitioner is involved in any other case or not,” Justice Sangwan ruled.

The Bench was hearing Raj Singh’s petition for grant of anticipatory bail in First Information Report (FIR) dated Oct 29 last year, under the provisions of the Narcotic drugs and psychotropic Substances act 1985 at Dharamgarh police station in Sangrur.

Justice Sangwan observed a perusal of the petition showed it was nowhere mentioned whether the petitioner was involved in any other case of similar nature. But counsel for the petitioner, on court query, submitted that the petitioner was involved in one more case.

Justice Sangwan added the Supreme Court, in its recent judgment in the case “State of Kerala etc. versus Rajesh etc.” decided on January 24 held that the court shouldn't have a casual approach in granting bail/anticipatory bail under the Narcotic drugs and psychotropic Substances act 1985.

As the case came up for hearing, HC Registrar (Rules) BBS Teji appeared before the Bench. Accepting his request Justice Sangwan asserted the direction earlier issued to the Registry to make specific paragraph on involvement of the petitioner-accused in any other case was extended to Mar 16.

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