Supreme Court Deprecates Impleading Judges In Petition Challenging Grant Of Bail; Imposes Cost

The Supreme Court recently dismissed a writ petition challenging bail granted to the accused(s) with cost of Rs 5000 for impleading the judge that granted bail.

The bench of Justices Vineet Saran and CT Ravikumar while deprecating the petitioner's conduct to implead the Magistrate in their order said,

"Firstly, we see no reason why the petitioner should have filed this writ petition challenging the order of the Magistrate directly in this Court. Further, we also fail to understand why the Judge granting bail has been impleaded by name as respondent no.6 and also the Additional District Judge, who has refused to interfere with the order passed by the Magistrate has been impleaded by name as respondent no.7. The said conduct of the petitioner is deprecated."

The petitioners had challenged the order of the Magistrate granting bail to respondent nos. 2 to 5.

The Top Court also directed the petitioner to deposit the cost with the Supreme Court Advocates-on-Record Welfare Fund within four weeks from today.

Case Title: Balakram @ Bhura v The State of UP & Ors| Writ Petition(s)(Criminal) No(s). 48/2022

Coram: Justices Vineet Saran & CT Ravikumar

Citation : 2022 LiveLaw (SC) 215

Constitution of India, 1950 - Article 32 - Bail - Writ petition challenging the order of the Magistrate granting bail - Judge granting bail and Addl. District Judge who refused to interfere with said order impleaded by name - Conduct of the petitioner deprecated - No reason why the petitioner should have filed this writ petition directly in this court

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