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SC: Repetitive filing of applications amounts to Abuse of process of law

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.

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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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