Supreme Court Again Expresses Anguish At Trial Courts Ignoring Its Judgments On Bail; Says Prosecutors Should Also Inform Correct Position

The Supreme Court has yet again expressed its anguish at trial courts dismissing bail applications in violation of its judgments. In this case, after setting aside an order passed by a Magistrate in Bihar, the Court directed that the regular bail application be assigned to another Magistrate. The Court also granted interim protection to the accused till the regular bail application is considered.A bench comprising Justice SK Kaul and Justice Aravind Kumar expressed its disapproval of trial courts repeatedly dismissing bail applications in contradiction with its earlier orders concerning arrest and bail. The bench while expressing its disapproval, remarked–"It does appear to us that despite various orders passed by this Court, either the trial Courts are not appreciating the ambit of the orders of this Court or for best reasons consider it appropriate to keep dismissing the applications for bail".The Court also criticised the Prosecutor for not pointing out the orders passed by the Supreme Court to the Magistrate."The least said the better for the assistance rendered by the learned APO also before the Court whose duty it was to point out the correct purport of the orders passed by this Court."In the present matter, the court held–"We have no hesitation in setting aside the order dated 08.09.2022 and continuing the interim protection for the benefit of the appellant till the Court considers the regular bail filed by the appellant. The concerned District Judge to mark this case to some other Judge."The Supreme Court in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, had issued directions wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b)creating further litigation, both of which the Court believed could not be countenanced. In another case of a similar nature, the Apex Court even stated that if magistrates are passing orders in derogation of the law laid down in the said judgment, they may be required to be sent to judicial academies for upgradation of their skills. In that case, the Court had also stated the Prosecutors are also duty bound to inform Magistrates about the correct position of law. The Bench was of the opinion that all prosecuting agencies/ State Govts. should issue such directions to the prosecutors. It also directed that training programmes be organised to make the prosecutors aware of the law laid down by the Apex Court.Case Title : Deepak Kumar Azad @ Pappu vs State of BiharCitation : 2023 LiveLaw (SC) 278Bail & Remand - Supreme Court expresses anguish at trial court dismissing bail application ignoring its judgment in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577 -Directs District Judge to transfer case to another Magistrate- Reminds that Prosecutors have duty to inform the court of the correct legal positionClick Here To Read/Download Order

Supreme Court Again Expresses Anguish At Trial Courts Ignoring Its Judgments On Bail; Says Prosecutors Should Also Inform Correct Position

Padmakshi Sharma

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