'Discourages Trial Courts In Granting Bail' : SC Sets Aside Adverse Remarks By Rajasthan HC Against A Sessions Judge

The Supreme Court set aside some observations made by Rajasthan High Court against a Trial Court judge who had passed a bail order.

" Such an approach which discourages the trial Courts in granting bail resulting in huge volume of litigation before the High Court and this Court.", the bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said.

While considering an application seeking cancellation of bail, the Rajasthan High Court noticed that the Sessions Judge dismissed the first bail application filed by the accused on merits and after a lapse of 20 days,  the second bail application was allowed on the ground that after investigation, offence under Section 304 IPC was found instead of Section 302 IPC. The court further noted that, at that time, Investigating Officer had not submitted the charge-sheet against the accused-and no change in the circumstances took place. The High Court made some adverse remarks against the judge in the order and also directed Registry to place this matter before the Chief Justice for taking appropriate action against the SessionsJudge on the Administrative side.

Challenging such adverse observations made in the order, the Sessions Judge who passed the bail order, approached the Apex Court.

"In our view, the observations are not called for in the given scenario and in fact it is such an approach which discourages the trial Courts in granting bail resulting in huge volume of litigation before the High Court and this Court. We thus, have no hesitation in setting aside the observations made against the appellant and consequently, even the directions contained in the impugned order against the appellant are set aside", the bench said.

Recently, Chief Justice of India DY Chandrachud, while speaking at a public event, had said that judges at trial courts are often reluctant to grant bail due to fear of targeting.

Case details

Sarita Swami vs State of Rajasthan | 2022 LiveLaw (SC) 985 | CrA 2019/2022 | 21 Nov 2022 | Justices Sanjay Kishan Kaul and Abhay S. Oka

For Petitioner(s) Mr. Abhishek Gupta, AOR Mr. Nikhil Kumar Singh, Adv.

Headnotes

Practice and Procedure - Adverse remarks made by Rajasthan HC against a Sessions Judge set aside - The observations are not called for in the given scenario and in fact it is such an approach which discourages the trial Courts in granting bail resulting in huge volume of litigation before the High Court and this Court.

Click here to Read/Download Order