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SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, ABHAY S. OKA;, JJ.
Sarita Swami – Appellant
Versus
The State of Rajasthan – Respondents
Criminal Appeal No. 2019 of 2022 {@ SLP [CRL.] NO.11165 /2022} {@ DIARY NO.35353/2022}
Decided On : 21-11-2022
Criminal Procedure Code, 1973 – Section 439 – Bail – FIR registered for offence under Section 302 of IPC – High Court, while cancelling bail, has made some observations against Trial Judge (Appellant) – Impugned observations are not called for in given scenario – It is such an approach which discourages Trial Courts in granting bail resulting in huge volume of litigation before High Court and Supreme Court – Impugned observations and directions contained in impugned order against appellant set aside. (Paras 4, 5 and 6)
Result : Appeal allowed.
ORDER
Leave granted.
2. We have heard learned counsel for the appellant, a judicial officer.
3. The bail application was decided by the judicial officer arising from the FIR No.203/2020 for offence under Section 302 of the IPC.
4. The High Court noted that the charge sheet against the accused under Section 304, IPC had not been filed though it was observed that that was the position, on the basis of the case diary. The Court, while cancelling the bail, has made some observations against the learned Judge who is the appellant before us.
5. 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 g
6. 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.
7. The appeal is accordingly allowed leaving parties to bear their own costs.
High Courts shall refrain from making unwanted observations against Trial Courts.
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
The main legal point established in the judgment is that substantive reasons must be provided for granting bail in a murder case under Section 302 IPC, and the lack of such reasons can lead to the se....
Bail cannot be granted in a murder case after submission of charge-sheet.
The court emphasized that the improper granting of bail due to concealment of a pending application violates judicial discipline, necessitating careful consideration by subordinate courts to prevent ....
Bail is the rule and jail is the exception; revocation requires valid justification.
The discretion to grant bail must be exercised judiciously, considering the gravity of the offence, evidence, and potential obstruction of justice.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
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