Prayagraj, Nov 9 (PTI) The Allahabad High Court has held that filing an application of anticipatory bail while a regular bail plea is pending is an abuse of the process of the court, observing that such acts are a “classic example of forum shopping”.
Opposing the anticipatory bail plea, the government counsel said that applicant Banti Sharma alias Brahm Prakash Sharma filed the present anticipatory bail application pending regular bail, which is not permissible.
Dismissing the anticipatory bail in an order passed last week, Justice Krishna Pahal said, “Filing of an anticipatory bail application, while there being a regular bail application pending, is misuse of process of Court.” “The applicant is used to filing multiple applications and petitions at various forums including the High Court. These acts are a classic example of forum shopping and it cannot be permitted to keep on going so eternally,” the court observed.
The applicant/accused filed an application seeking anticipatory bail under Section 438 of the Criminal Procedure Code.
As per the prosecution, the applicant was a supervisor in a company and had allegedly usurped the money of several people who had made deposits in the company’s policy bond.
The counsel for the applicant contended that the applicant has been falsely implicated in the case as he is not named in the FIR and his name came up later during investigation.
After hearing the arguments, the court ruled, “The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected.” PTI CORR RAJ SAB KVK KVK
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