Delhi High Court Objects To Trial Courts For Granting Bail When Plea Is Pending Before Higher Court

The Delhi High Court has criticised a trial court for granting bail to an accused despite being informed that a bail application arising from the same FIR was already pending before the High Court.

The Court observed that entertaining parallel bail pleas undermines judicial discipline and encourages forum shopping. While noting that there is no absolute statutory bar, it said trial courts should ordinarily refrain from deciding bail applications when a similar plea is pending before a superior court.

Emphasising mandatory disclosure by accused persons and investigating officers, the Court issued a general advisory to trial courts to exercise greater caution.

However, it declined to cancel the bail already granted in the case.

[Saahil@ Sahil v. State (NCT of Delhi)]