JUST LAW Blogs SC Warns Against Repeated Bail Pleas.

SC Warns Against Repeated Bail Pleas.

Summary of the Supreme Court Order in Parteek Arora vs. State of Punjab

In the case Parteek Arora vs. State of Punjab (SLP [Crl.] Diary No. 1920/2025), the petitioner challenged the dismissal of his second anticipatory bail petition by the Punjab & Haryana High Court and sought pre-arrest bail. The Supreme Court dismissed the special leave petition (SLP) and imposed costs of ₹2,00,000 on the petitioner. Below is a summary of key developments and conclusions in the case:


Background of the Case:

  1. FIR Details: The FIR was registered on 25.06.2023 against the petitioner, but no action was taken by the police for over a year.
  2. First Anticipatory Bail Application: The petitioner had previously applied for anticipatory bail, which was rejected by the High Court.
  3. Second Anticipatory Bail Application (CRMM 48729/2024):
    • Filed after the first rejection.
    • After extensive arguments, the petitioner’s counsel withdrew the petition on 30.09.2024, leading to its dismissal as withdrawn.
  4. Subsequent Application (CRM 41840/2024):
    • Filed in the disposed case (CRMM 48729/2024) to seek relief.
    • On 11.12.2024, the High Court criticized the lack of action by the police and directed the Commissioner of Police, Amritsar, to file a status report via an affidavit. The Deputy Commissioner of Police was also ordered to appear personally on 19.12.2024.
    • The case was adjourned multiple times, and the application was eventually withdrawn on 20.01.2025 without being argued.

Supreme Court’s Observations:

  1. Misuse of Procedural Law: The Court noted that the petitioner was attempting to circumvent procedural law by withdrawing and filing successive petitions without genuine grounds.
  2. Inaction by Police: Despite rejection of anticipatory bail applications, the police failed to arrest the petitioner for several months, suggesting collusion between the petitioner and the police authorities.
  3. Delay Tactics: The Court observed that after the dismissal of the second bail application, the petitioner avoided surrender and filed repetitive applications for relief without substantive grounds.

Supreme Court’s Orders:

  1. Dismissal of SLP: The special leave petition was dismissed as devoid of merit.
  2. Costs Imposed: The petitioner was directed to pay ₹2,00,000 to the Punjab State Legal Services Authority within one week as a penalty for misusing procedural law.
  3. Arrest Ordered: The Commissioner of Police, Amritsar, was directed to arrest the petitioner within three days and submit an affidavit to the Supreme Court by the fourth day.
  4. Next Hearing: The case was scheduled for further orders on 29th January 2025, following the submission of the affidavit.

Key Takeaway: The Supreme Court expressed strong disapproval of procedural misuse and emphasized the responsibility of law enforcement to act promptly. It also sent a clear message against repeated attempts to delay legal proceedings, upholding the importance of procedural integrity in the justice system.

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