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TMI Blog2023 (5) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... ation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases. The order of the Trial Judge does not indicate that he had applied the wrong principles of law. Quite to the contrary, the exercise of the discretion to grant bail, having due regard to the nature of the offence, the fact that other accused had been granted bail and the charge-sheet had been submitted, was appropriate. The appellant was in custody from 29 June 2022 till 16 August ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also directed the Registrar General to issue a notice to show cause to the Second Additional Sessions Judge, Harda to seek his explanation on the circumstances in which he had granted bail to the appellant. 3 The appellant and the complainant are closely related. 4 On 19 June 2022, FIR No 354 was registered against the appellant at Police Station Harda, District Harda. The FIR implicates alleged offences under Sections 294, 323, 342, 354 and 506 read with Section 34 of the Indian Penal Code 1860. 5 The allegation in the FIR is that on 19 June 2022 when the complainant was going to tend his cows and oxen, the appellant and other co-accused accosted him, tied him to a tree after stripped him and assaulted him. 6 The first appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and (ii) The other accused have been granted bail. 2 The High Court, while setting aside the order of the trial court, directed the issuance of a notice to the trial court seeking an explanation in regard to the order granting bail. 3 We are, prima facie, of the view that this is an eminently fit and proper case for the grant of bail even at this stage. Moreover, there was, prima facie, no justification for the High Court to call for an explanation from the trial judge for having granted bail. Such orders of the High Court seriously affect the independence of the district judiciary in considering applications for bail in appropriate cases. 4 We accordingly issue the following directions: (i) The petitioner shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases. The order of the Trial Judge does not indicate that he had applied the wrong principles of law. Quite to the contrary, the exercise of the discretion to grant bail, having due regard to the nature of the offence, the fact that other accused had been granted bail and the charge-sheet had been submitted, was appropriate. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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