Friday, 18 September 2020

Supreme Court: Repetitive filing of applications amounts to abuse of process of law

 Repetitive filing of applications amounts to

abuse of process of law. This application is filed in

spite of the order passed by this Court categorically

stating that no further application for extension of

interim bail shall be entertained. It is no more res

integra that petitions/applications filed repeatedly are

liable to be dismissed with exemplary costs. Therefore,

we dismiss this application with costs of Rs.25,000/-.


S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).4634/2014


VIJAY MADANLAL CHOUDHARY Vs UNION OF INDIA & ORS. 


Date : 15-09-2020 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE L. NAGESWARA RAO

HON'BLE MR. JUSTICE HEMANT GUPTA

HON'BLE MR. JUSTICE S. RAVINDRA BHAT


UPON hearing the counsel the Court made the following


I.A. NO. 88633/2020 IN SLP(CRL)NO. 618/2020

The petitioner has been granted bail for a

period of two months on 15.06.2020 on the ground that his

mother was seriously ill. Later, he filed an application

for extension of interim bail for a further period of six

months on the ground that his mother passed away and he

had to perform certain rituals. It was also brought to

the notice of this Court that his wife was suffering from

serious ailments.

On 10.08.2020, this Court extended the interim

bail granted on 15.06.2020 for a further period of one

month and directed the petitioner to surrender on or

before 15.09.2020. It was made clear that no application

for extension of interim bail shall be entertained. We

gave liberty to the petitioner to file an application for

bail if the Special Leave Petitions are not finally

heard, within a period of six months.

This application is filed for extension of bail

on the ground that the petitioner is suffering from

epididymitis which is an inflammation of the tube at the

back of the testicle. Mr. K.V.Viswanathan, learned

senior counsel for the petitioner submitted that unless

properly treated, epididymitis can lead to

complications. He also submitted that the number of

Covid-19 patients in jail is increasing.

Repetitive filing of applications amounts to

abuse of process of law. This application is filed in

spite of the order passed by this Court categorically

stating that no further application for extension of

interim bail shall be entertained. It is no more res

integra that petitions/applications filed repeatedly are

liable to be dismissed with exemplary costs. Therefore,

we dismiss this application with costs of Rs.25,000/-.

Needless to mention that appropriate medical care

will be provided to the Petitioner.


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