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Supreme Court Deprecates Judicial Officer For Not Releasing Accused Despite Order Granting Bail

Shruti Kakkar
23 May 2022 1:09 PM GMT
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The Supreme Court recently deprecated the act of a judicial officer who refused to release an accused against whom FIR was registered u/s 498A, 304B of IPC and section 3/4 of Dowry Prohibition Act despite Court's order of directing his release.

The Judicial Officer refused to release the accused on the pretext that while the order mentions the charges under Sections 304B and 498A, IPC it does not mention Sections 3/4 of the Dowry Prohibition Act.

The bench of Justices SK Kaul and MM Sundresh in their order said,

"We have no hesitation in adding those provisions to the order but don't appreciate the conduct of the judicial officer whereby despite the orders of this Court, the appellant was not released. We may only add, from December 2021, only one witness has been examined by the trial Court and that should have been the matter of concern by the trial Court rather than what is sought to be raised."

On May 17, 2022 the bench while considering criminal appeal assailing Allahabad High Court's order of refusing to grant bail to the accused had said,

"On hearing learned counsel for parties, we grant bail to the appellant on terms and conditions to the satisfaction of the Trial court."

The bench had granted bail to the accused after being apprised of the fact that the charge was as under Sections 304B and 498A, IPC and the appellant has been in custody since October, 2020. Counsel had further argued that the charge sheet was filed in December, 2021 and as yet only one witness had been examined whereas the prosecution had cited 64 witnesses.

Also Read - Accused Undergoes 2 Extra Years Custody After Trial Court Misinterprets SC Order; Supreme Court Seeks Action Against Judge

Case Title: Gopal Verma v State of UP| Criminal Appeal 819 of 2022

Click Here To Read/Download Order

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