Bench reprimands accused for misleading court by hiding previous bail rejections and transferring case to another bench
In a recent judgment delivered on September 16, 2026, the Delhi High Court dismissed a bail application filed by Parvesh Mann @ Sagar in a high-profile murder case registered under FIR No. 359/2022 at PS Narela Industrial Area. The case involves serious charges under Sections 302 (murder), 34 (common intention), 120B (criminal conspiracy) of the Indian Penal Code, along with Sections 25 and 27 of the Arms Act.
The bail plea was initially listed before the bench of HMJ Saurabh Banerjee on September 10, 2026. At that time, the counsel for the accused requested the case be transferred to the bench of Justice Girish Kathpalia, where a revision petition related to the matter was pending. The transfer was granted, and the bail application was heard by Justice Kathpalia's bench on September 16.
However, the Additional Public Prosecutor (APP) promptly informed the court that the accused had previously filed three bail applications before the bench of HMJ Saurabh Banerjee, all of which were dismissed. These included at least one regular bail application and two interim bail applications. This crucial information was deliberately withheld by the accused's counsel from the original bench, giving a false impression that only interim bail applications had been rejected earlier.
Upon verification, a law researcher produced the order dated October 17, 2023, which clearly showed a regular bail application by the same accused had been dismissed by the bench of HMJ Saurabh Banerjee. The concealment of this fact amounted to deliberate suppression of material facts and was found to be an attempt at forum shopping - seeking a more favorable bench by misrepresenting facts.
Justice Kathpalia strongly condemned this practice, describing it as highly objectionable and against judicial propriety. The court emphasized that forum shopping and concealment of facts undermine the integrity of the judicial process and the administration of justice. In view of these circumstances, the bail application and the accompanying application were summarily dismissed.
This judgment serves as a stern reminder to litigants and their counsel about the importance of transparency and honesty in court proceedings. Courts are increasingly vigilant against any attempt to manipulate judicial forums or mislead judges, which can lead to outright dismissal of applications.
Bottom Line:
Forum shopping and concealment of facts in bail applications are highly deprecated and can lead to dismissal of the application.
Statutory provision(s): Sections 302, 34, 120B IPC, Sections 25, 27 Arms Act, Sections 437, 439 CrPC
Parvesh Mann @ Sagar v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2979916
