Summary
Clarifying the listing practice of its Registry, the Supreme Court held that under Order XXII Rule 5 of the Supreme Court Rules, 2013 an application for exemption from surrendering can be entertained only where the petitioner has been sentenced to a term of imprisonment, not in other cases such as refusal of anticipatory bail or of extension of interim or temporary bail. The special leave petition against the High Court's refusal to extend temporary bail was disposed of.
Issues
- Whether an application for exemption from surrendering under Order XXII Rule 5 of the Supreme Court Rules, 2013 can be entertained in a special leave petition where the petitioner has not been sentenced to a term of imprisonment by the order under challenge.
- Whether the special leave petition against the High Court's refusal to extend temporary bail survived for consideration.
Provisions considered
- Order XXII Rule 5, Supreme Court Rules, 2013Read on its plain language, the requirement to state whether the appellant has surrendered, and the alternative of an application for exemption from surrendering, applies only where the appellant has been sentenced to a term of imprisonment. The Court noted that the Registry had been entertaining exemption applications in other categories (refusal of anticipatory bail, refusal to extend interim bail) and held this impermissible, following earlier chamber and bench orders including Kapur Singh v. State of Haryana. (¶¶ 4, 5, 6, 7, 8, 9, 10)
Held
- Order XXII Rule 5 of the Supreme Court Rules, 2013 makes surrender, or an application for exemption from surrendering, a requirement only where the petitioner has been sentenced to a term of imprisonment; it does not apply to other situations such as cancellation or refusal of bail. (¶¶ 5, 7, 8, 9)
- An application for exemption from surrendering cannot be entertained or listed before the Judge-in-Chambers in any special leave petition except where the petitioner has been sentenced to a term of imprisonment. The Court directed that the order be placed before the Chief Justice of India for formal instructions to the filing, scrutiny and numbering sections of the Registry. (¶¶ 6, 10)
- On the facts, the special leave petition challenging the High Court's refusal to extend the temporary bail granted to the petitioner, whose criminal appeal against conviction is pending in the High Court, was not decided on merits and was disposed of. (¶¶ 11, 12)
Result
Special leave petition disposed of without a decision on merits (reported as dismissed); order directed to be placed before the Chief Justice of India for instructions to the Registry on applying Order XXII Rule 5; pending applications disposed of.