SHAHZAD HASAN KHAN versus ISHTIAQ HASAN KHAN & ANR.

SHAHZAD HASAN KHAN versus ISHTIAQ HASAN KHAN & ANR.

It is inappropriate for successive bail applications to be heard by different Judges; judicial discipline and prevailing practice require that they be placed before the same Judge, if available, to avoid abuse of process. The High Court erred in ignoring this, and in granting bail on grounds of liberty and delay...

Source-derived case information.

Parties
Appellant: SHAHZAD HASAN KHAN; Respondent: ISHTIAQ HASAN KHAN
Jurisdiction
India
Judgment Date
28 April 1987
Procedural Posture
Criminal Appeal / Final Order (appeal Against High Court Granting Bail)
Outcome
Appeal allowed; bail order set aside; respondent directed to be taken into custody forthwith; trial to proceed expeditiously.
Legal Topics
Bail, Judicial Discipline, Successive Bail Applications
Criminal Law Practice and Procedure Bail Judicial Discipline Successive Bail Applications

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Parties

SHAHZAD HASAN KHAN

Appellant

ISHTIAQ HASAN KHAN

Respondent

Procedural Posture

Criminal Appeal / Final Order (appeal Against High Court Granting Bail)

Legal Issues

  1. 1 Whether the High Court erred in granting bail to the accused upon a successive application before a different Judge
  2. 2 Whether the successive bail application should have been placed before the same Judge who decided earlier applications

Ratio Decidendi

It is inappropriate for successive bail applications to be heard by different Judges; judicial discipline and prevailing practice require that they be placed before the same Judge, if available, to avoid abuse of process. The High Court erred in ignoring this, and in granting bail on grounds of liberty and delay without considering serious allegations of tampering and without allowing proper opportunity for the complainant to place facts before the court. Accordingly, bail was wrongly granted and the order must be set aside.

Court Disposition

Appeal allowed; bail order set aside; respondent directed to be taken into custody forthwith; trial to proceed expeditiously.

Orders

  • Order of High Court granting bail set aside
  • Respondent No. 1, Ishtiaq Hasan Khan, to be taken into custody forthwith