The Supreme Court on Tuesday declined to hear a petition filed by a man accused in FIR for alleged offences under Sections 147, 148, 323, 504, 506, 307 of the Indian Penal Code, seeking pre-arrest bail as the same was refused by the Allahabad High Court.
A bench of Justices Vineet Saran and B.R. Gavai however has given liberty to the petitioner to withdraw the application and file a review petition before the Allahabad HC.
The advocate for the appellant submitted that this is the case where two persons have filed pre-arrest bail application before HC in which one accused had been granted anticipatory bail, whereas the applicant wasn’t granted it. He submitted that there were 6 accused and all are out on bail, to which the division bench replied that the reason behind the fact that present appellant has not been granted bail is he has 21 criminal cases pending against him.
The bench accepted the prayer of the advocate for the appellant to withdraw the application. The court stated, “The petitioner maybe permitted to withdraw the petition and grant liberty to approach the HC by filing a review petition. The petition is dismissed and withdrawn.”
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The allegation against the applicant was that he along with the co-accused have caused gunshot injury to the injured. The applicants submitted that no bodily injuries were found. Only superficial injuries were found on the non-vital parts of the injured.