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Petition(s) for Special Leave to Appeal (Crl.) No 2411 of 2016J. Ranjan GogoiRukmani Mahato vs State of JharkhandBAIL

Do Not Grant Regular Bail When Interim Anticipatory Bail is Granted By Higher Courts And Matter Is Pending

1) If this is a practice that is prevailing in some of the subordinate Courts in the Country and we have had notice of several such cases, time has come to put the learned subordinate Courts in the country to notice that such a practice must be discontinued and consideration of regular bail applications upon surrender during the pendency of the application for pre-arrest bail before a superior Court must be discouraged. We, therefore, direct that a copy of this order be forwarded to the Director of all Judicial Academies in the country to be brought to the notice of all judicial officers exercising criminal jurisdiction in their respective States.

2) Insofar as the present case is concerned, we reiterate our order dated 18.04.2017 and recall our interim order(s) dated 04.04.2016 and 09.05.2017 as well as the order of regular bail granted by the learned trial Court dated 21.04.2016 and direct that the accused shall now surrender before the learned trial Court within fifteen days from today failing which the investigating agency will apprehend the accused and take her into custody.

3) We also make it clear that once the accused is in custody, it will be open for her to move an application for regular bail which as and when moved will be considered on its own merits by the Court of competent jurisdiction.