No Extraordinary Circumstances: Rajasthan HC Dismisses Second Bail Application of GST Accused without approaching Trial Court [Read Order]

The Rajasthan High Court has dismissed the second bail application of a petitioner accused in a GST ( Goods and Services Tax ) related offence, holding that no extraordinary circumstances were shown to justify bypassing the trial court.

The record revealed that the petitioner, Ankit Bansal, instead of first moving the trial court, had directly approached the High Court with a second bail plea. The only justification advanced by counsel was that the process before the trial court might take time, and in the event of rejection, the petitioner would have to again move the High Court.

The Bench of Justice Anand Sharma observed that while the High Court has concurrent jurisdiction to entertain bail applications, judicial propriety and consistency require that an accused seeking a second bail should first approach the trial court, especially when the trial is ongoing.

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Only in cases where extraordinary circumstances are demonstrated can the accused directly move the High Court, said the court. Since no such circumstances were made out in the present case, the petition was not maintainable.

During the hearing, counsel for the petitioner, Mr. S.S. Hora with Mr. Dinesh Bishnoi & Mr. Sahjveer Baweja sought permission to withdraw the application with liberty to move the trial court.

The High Court permitted withdrawal and directed that if a bail plea is filed before the trial court, it shall be decided expeditiously, preferably within seven working days.

Accordingly, the second bail application stood dismissed as withdrawn.

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