How Can Sessions Court Grant Regular Bail, When Same Application is Pending in HC? P&H HC Asks Session Judge

A bail application in the NDPS case was pending in the Punjab-Haryana High Court. Meanwhile, the accused in the case has been granted regular bail by the Sessions Judge of Sirsa. The High Court has now sought a response from the Sessions Judge in this matter.

G Hemavthe, the accused in the NDPS case, filed an application before the High Court seeking the withdrawal of his ordinary bail plea. The High Court was informed that this petition is no longer necessary because the Sessions Judge granted him regular bail on June 28.

The High Court was taken aback by this and questioned how the petition was filed in two courts at the same time for the same prayer.

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According to the court, the petition was filed in the High Court on May 6, and in the Sessions Court on June 25. The court has asked the sessions judge how the accused was granted regular bail despite the fact that Section 37 of the NDPS Act prohibits it.

By July 22, the report must be delivered to the Sessions Judge. 

The Court has asked the Sessions Judge if, during the hearing, the Public Prosecutor or the Investigating Officer did not inform him that the accused’s petition is pending in the High Court. 

The High Court has further directed the Additional Advocate General, Haryana, to bring the case to the attention of the Director Prosecution and the DGP, Haryana, so that action against the erring officers might be taken.

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