'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary in considering bail applications.

It should be noted that the trial court judge had granted the bail on the grounds that the accused had not committed an offence punishable by life imprisonment and that their co-accused had also been granted bail.

CJI DY Chandrachud, while dictating the order, remarked that there was prima facie no justification for the High Court to seek an explanation from the trial court to provide reasons for granting bail. He said–

"Such orders of the High Court seriously affect the independence of the district judiciary in considering bail applications."

In light of this, the Supreme Court has granted the following orders:

1. The petitioner shall be released on bail, subject to such terms and conditions as may be imposed by the trial court.

2. Liberty is given to serve the standing counsel of the State of Madhya Pradesh.

3. The direction of the High Court, which called for an explanation from the trial court judge, shall remain stayed.

Case Title: Totaram v. State of Madhya Pradesh | SLP(Crl) No. 2269/2023

Also Read - District Judges Reluctant To Grant Bail Due To Fear Of Being Targeted : CJI DY Chandrachud

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