Bail Application Withdrawn By Counsel Without Instruction From Client: SC Directs HC To Consider Plea For Restoration

The Supreme Court directed the Allahabad High Court to consider the petitioner’s anticipatory bail petition for restoration as it was withdrawn by the Counsel for the petitioner without any instructions.

The Bench of Justice A.S. Bopanna and Justice Hima Kohli granted liberty to the petitioner to file an appropriate application under Section 482 of the Code of Criminal Procedure before the High Court seeking restoration of the petition.

Senior Advocate Rahul Bhargava appeared for the petitioner.

Factual Background-

The petitioner was accused of preparing a forged document and causing loss to the Government Exchequer. FIR under Sections 420, 467, 468, and 471 read with Section 120-B IPC was registered in the year 2006 and the charge sheet was submitted in the year 2021, after 16 years.

The investigation was completed and during the investigation, the petitioner was never arrested and as interim protection, the applicant was granted anticipatory bail by the Trial Court.

Later, the Counsel for the petitioner submitted before the High Court that he was not inclined to press the anticipatory bail application and that it should be dismissed as withdrawn with liberty to the petitioner to surrender before the Trail Court and apply for the Regular Bail.

The High Court dismissed the application as withdrawn. Aggrieved by the said order the petitioner approached the Apex Court.

The Apex Court noted that the anticipatory bail application before the High Court was withdrawn without any instructions from the petitioner.

Therefore, the Court asked the High Court to take note, if any application for restoration was filed before it and to consider the bail application on its own merits and pass appropriate orders.

Accordingly, the petition was disposed of.

Cause Title- Anoop Rastogi v. Central Bureau of Investigation

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