1993 (10) TMI 367

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..... ian Penal Code. A charge-sheet was being processed in respect of the offences in the court of the Chief Judicial Magistrate at the relevant time. The five accused in the meanwhile, applied for bail. Their application was considered on merits and rejected by the petitioner. However, in spite of the rejection of the application on merits, the petitioner first granted the accused temporary bail for one reason or the other and all of them were subsequently granted permanent bail. Against the order granting permanent bail, the complainant preferred an application to the High Court and prayed for cancellation of the bail. The State did not file a separate application but supported the complainant's application and also pressed for the cancell .....

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..... of the accused for releasing them on bail. 4.We are, however, impelled to remind the learned Judge of the High Court that however anguished he might have been over the unmerited bail granted to the accused, he should not have allowed himself the latitude of ignoring judicial precaution and propriety even momentarily. The higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. That is one of the functions of the superior courts. Our legal system acknowledges the fallibility of the judges and hence provides for appeals and revisions. A judge tries to discharge his duties to the best of his capacity. While doing so, sometimes, he is likely to err. It is .....

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..... mage can be done to the administration of justice and to the confidence of the people in the judiciary than when the judges of the higher courts publicly express lack of faith in the subordinate judges for one reason or the other. It must be remembered that the officers against whom such strictures are publicly passed, stand condemned for ever in the eyes of their subordinates and of the members of the public. No better device can be found to destroy the judiciary from within. The judges must, therefore, exercise self-restraint. There are ways and ways of expressing disapproval of the orders of the subordinate courts but attributing motives to them is certainly not one of them. That is the surest way to take the judiciary downhill. 5.We, t .....

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