The Allahabad High Court has held that filing an application of anticipatory bail while a regular bail plea is pending, is an abuse of the process of the court.
The court observed that such acts are a “classic example of forum shopping”.
Opposing the anticipatory bail plea, the government counsel said that applicant Banti Sharma a.k.a. Brahm Prakash Sharma filed the present anticipatory bail application, pending regular bail, which is not permissible.
Dismissing the anticipatory bail in an order passed last week, Justice Krishna Pahal said, “Filing of an anticipatory bail application, while there being a regular bail application pending, is misuse of process of Court.”
“The applicant is used to filing multiple applications and petitions at various forums, including the High Court. These acts are a classic example of forum shopping and it cannot be permitted to keep on going so eternally,” the court observed.
20231109159766
