Supreme Court decries forum shopping in High Court bail case

The case involves a challenge by the Senior Intelligence Officer (Appellant) against a High Court order granting bail to Mohammed Kamran (Respondent) in a CGST Act case, specifically alleging that the Respondent abused the process of law by suppressing material facts and pursuing parallel remedies during the High Court's winter vacation.

Who it concerns: Petitioner/Appellant: Senior Intelligence Officer, Directorate General of Service Tax Intelligence; Respondent: Mohammed Kamran; Bench: Justice Dipankar Datta.

What the court decided

• The Court set aside the part of the impugned High Court order that disposed of the criminal petition, causing the petition to revive on the High Court's file.
• The Court directed that the matter be remitted to the Single Judge of the High Court for fresh consideration.
• The Court noted that the bail granted by the Single Judge was not set aside at this stage but the underlying order was modified to allow for re-evaluation.

Also in the document

• The Court found that the Respondent engaged in 'forum shopping' by pursuing parallel bail/release remedies in the Sessions Court and via a writ petition while the High Court bail petition was pending.
• The Court held that the Respondent suppressed material facts, specifically the refusal of ad-interim relief in the writ petition, from the Single Judge.
• The Court deprecated the Respondent's conduct of moving for an expedited hearing during the High Court's winter vacation without adequate notice to the Appellant.
• The Court observed that the Appellant's counsel did appear and make some submissions on merits, but the Appellant was denied the opportunity to be represented by its Standing Counsel due to the short notice and vacation timing.