Bail Pleas Arising Out Of Same FIR To Be Listed Before One Judge For Disposal: Gauhati High Court Issues Notification

1. If Bail applications are assigned to different single Judge(s)/Bench(es), in that event, all the applications arising out of same FIR will be placed before one Judge for disposal.
2. All Bail applications arising out of the same FIR, which are filed in the Gauhati High Court, are to be listed before the same Judge who has previously disposed of Bail application(s), pertaining to the said FIR only if the said Judge is taking up Criminal matters (irrespective of the fact that the Bench may or may not be taking up Bail matters) as per roster. However, in the event the Judge is sitting in a Division Bench, or is not holding the Criminal roster, or is stationed in a different State under the jurisdiction of the Gauhati High Court, the instant direction would not be applicable and such matters may be listed as per roster (except in cases of subsequent Bail Application(s) as mentioned in point No. 3). If in a given situation, it appears that two Judges have disposed of Bail matters arising out of the same FIR, and both the Judges are taking up Criminal matters, as per roster, then subsequent Bail application(s) are to be listed before the Senior Judge.
3. In case of subsequent Bail applications preferred by the same accused in the same FIR, i.e. Bail application(s) preferred after rejection of earlier Bail applications, such Bail application(s) shall only be listed before the same Bench, who had earlier decided (either on merit or disposed of/dismissed as withdrawn for non-prosecution/not pressed) the bail prayer of the said accused, irrespective of the subject matter assigned to the said Bench.

In the event the Judge is stationed in a different State under the jurisdiction of the Gauhati High Court, such cases may be listed through Remote Video Conferencing.

"This Notification shall come into effect immediately," the notification adds.