Himachal Pradesh HC Slams Magistrate Who Gave Bail 4 Days After HC Rejection [Read Judgment]

It is necessary for each lower tier to accept loyally the decisions of the higher tier, the court said.

The Himachal Pradesh High Court has come down heavily on a magistrate, who within four days of the rejection of bail application by the high court, granted bail to the accused.

The court observed that, even without making a reference to the orders passed by the high court, the bail was granted to the accused and the magistrate has committed judicial impropriety and gross indiscipline.

Justice Tarlok Singh Chauhan observed that judicial discipline requires decorum known to law which warrants that that the appellate directions should be followed in the hierarchical system.

“It is necessary for each lower tier to accept loyally the decisions of the higher tier. The judicial system only works if someone is allowed to have the last word and if that last word, once spoken, is loyally accepted,” the court said.

The high court had rejected the bail application of a person accused of large-scale racketing of issuing various degrees, diplomas and other certificates without having any authority, thereby, duping and robbing innocent students of their hard-earned money.

After four days of the bail rejection by the high court, the magistrate had granted him bail.

The high court also observed that the explanation submitted by the magistrate in this regard was not at all satisfactory.

Read the Judgment here.