New Delhi [India], January 23 : The Delhi High Court on Friday expressed strong displeasure over the filing of parallel anticipatory bail pleas by the accused and rejected the anticipatory bail plea of Harsh. The case pertains to an attempt to commit culpable homicide registered at the Bhalsava Dairy police station.
Justice Girish Kathpalia rejected Harsh's bail plea and reprimanded him. He appeared through video conferencing on a call by the bench.
Justice Kathpalia said, "This is a clear abuse of process in the name of liberty. I do not find any acceptable reason that the accused/applicant or his counsel was unaware of the filing of these two applications."
"This is nothing but an effort to hoodwink the court. The anticipatory bail application and the accompanying application are dismissed," Justice Kathpalia ordered.
During the hearing, Additional Public Prosecutor (APP) Sanjeev Sabharwal produced a copy of the anticipatory bail plea, which was scheduled to be heard later the same day. The investigating officer also informed the court that the plea was listed for hearing today.
Counsel for the accused also admitted that the anticipatory bail plea was being heard by the trial court. She submitted that she was unaware that the accused had filed another plea before the trial court and added that she had been instructed by the accused's mother to file the application before the High Court.
The bench observed that the submissions made by counsel did not appear to be truthful, as the bail application and the vakalatnama were signed by the accused. The affidavit, too, was sworn by the accused himself.
The accused appeared via video conferencing and was evasive when questioned about the filing of two anticipatory bail pleas before two different courts. He claimed that all actions were taken by his mother and that he was unaware. However, the anticipatory bail application filed before the sessions court was signed by him and supported by his affidavit.
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