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The Supreme Court, citing various other judgments was very clear that ‘forum shopping’ when it comes to anticipatory bail applications is not allowed and if a successive bail application is filed, it ought to be filed before the same judge.
The Supreme Court set aside the bail application granted by the High Court and was of the view that:
“In the matter on hand, it is clear that the well settled principle of
law enunciated in the decisions cited supra has not been followed,
inasmuch as the second application for anticipatory bail was heard by
a different Judge in spite of the availability of the Judge who had
disposed of the first application.”
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