ASG: Then the sessions court will become redundant. Everybody will go to HC. HC would be flooded with matters. Purpose of S.439 would be frustrated. HC and Sessions Court have concurrent jurisdiction as far as S.397 CrPC is concerned.
ASG: If impugned order is set aside, HC would be asked to hear on merits. HC has not decided on merits! The main bone of contention is HC has jurisdiction. HC has jurisdiction but cogent reasoning should be there for HC to exercise jurisdiction.
ASG: should be deprecated. this issue may be decided first, as far as bail is concerned. even if his prayer is allowed, he will be relegated to HC. If it is disallowed, to trial court
ASG: HC's order is well-written. Does not warrant interference. Despite the fact that chargesheet has been filed, he would like this court to decide bail without chargesheet. As a matter of law, it may create havoc. This adventurism...
J Kant: Ordinarily, chargesheet is taken as change in circumstance
ASG: Procedure that has been adopted is don't have too many hearings. Once chargesheet is filed, can HC decide on bail without going into it? Documents had to be considered
ASG: Ordinarily, courts send back to trial Court. When chargesheet is filed. It's considered change in circumstance. Atleast that's the practice in Gujarat. More conclusive material is when chargesheet is filed.
ASG: Arrest and bail judgments were pronounced together. HCs are heavily burdened. Their entire board is in disarray when such matters come. Matter was heard on a holiday! Because he's a privileged person.
ASG: They were put to notice. It was reserved on 29th, not as if HC took a long time
J Kant: Eventually, the HC formed a reasoned opinion on this point.
J Bhuyan: HC took 7 days to write this 3-para order?
ASG: HC could not have decided that without hearing. It could not have said go back directly.
J Bhuyan: Even if HC had a tentative view, it should have heard. See what has happened because of it.
J Kant: some litigants with resources can approach directly...We have to take a call why highest institutions have to be burdened with