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Gauhati HC Implements New Guidelines For Bail Matters; Check Details

 

GUWAHATI: The Gauhati High Court has issued a fresh set of rules for listing bail applications, replacing all previous directions. The new guidelines, which take effect immediately, have been introduced to streamline the handling of bail matters and avoid confusion in cases linked to the same FIR.

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As per the new rules, if bail applications related to the same FIR are assigned to different judges, all such applications will now be placed before a single judge for disposal. This is to ensure consistency in handling matters arising from the same case.

Also, if a judge has already dealt with a bail application related to a particular FIR, then any future bail applications linked to that FIR will also go to the same judge—provided the judge is currently handling criminal matters, as per the court’s roster.

However, if the judge is part of a division bench, not handling criminal matters at present, or is sitting in a different state under the Gauhati High Court’s jurisdiction, this rule will not apply. In such cases, bail matters will be listed as per the roster.

Furthermore, in situations where two judges have handled bail applications from the same FIR and both are currently hearing criminal matters, any fresh bail application will be assigned to the senior judge.

The court has also made it clear that if an accused files a new bail application after a previous one was rejected or withdrawn, the new application must be listed before the same judge who handled the earlier one—regardless of that judge’s current subject matter assignment.

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