"Once a regular bail is granted by a subordinate court on the strength of the interim/pre-arrest bail granted by the superior court, even if the superior court is to dismiss the plea of anticipatory bail upon fuller consideration of the matter, the regular bail granted by the subordinate court would continue to hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior court meaningless," the court said.The bench passed the direction after noting that it had become a regular practice for accused to surrender before trial court and seek regular bail just after interim pre-arrest bail was granted by higher forums. "We have had notice of several such cases, time has come to put the learned subordinate courts in the country to notice that such a practice must be discontinued and consideration of regular bail application upon surrender during the pendency of the application for pre-arrest bail before a superior court must be discouraged," it said. The court had sought explanation from the judicial officer who passed the order. The court, however, let off the trial judge saying that it was a "bona fide mistake" on his part. It quashed the bail granted to the accused and directed her to surrender before the court.

Source: Times of India August 12, 2017 19:07 UTC