Supreme Court on 2.5.2023 with the liberty given to the applicant to file independent proceedings against the order dated 4.4.2023 passed by this Court and it is in this background, yet another SLP (Crl.) No.7012 of 2023 was filed by the applicant before the Hon’ble Supreme Court and on account of a statement made by the counsel for the applicant before the Supreme Court to comply with the judgment and order dated 7.2.2023, the special leave petition was dismissed as withdrawn and it is thereafter, instead of filing any regular bail application in pursuance of the commitment made by the applicant before the Hon’ble Supreme Court, he, for the reasons best known to him, has chosen to file an application under Section 88 Cr.P.C. before the trial Court and in the considered opinion of this Court, the same has been rightly rejected. Moving an application before the trial Court under Section 88 Cr.P.C. is nothing but a desperate attempt of the applicant to get the relief indirectly which he did not get by moving two anticipatory bail applications before this Court and by filing two special leave petitions before the Hon’ble Supreme Court. When a statement has been made by his counsel before the Supreme Court on two occasions i.e. on 7.2.2023 and 16.6.2023 to move for bail, the applicant should have moved a regular bail application before the trial Court. Thus, the applicant, prima facie, appears to be misusing the process of law and exercising judicial restraint, this Court is not imposing any cost on the applicant. However, suffice is to observe that any other attempt by the applicant to bypass the normal course contrary to as promised by him before Hon’ble Supreme Court on 7.2.2023 and 16.6.2023, would be dealt with iron hands. Thus, for the reasons mentioned hereinbefore, the instant application moved under Section 482 Cr.P.C. appears to be without any force and dismissed as such.
