Fear Of Disciplinary Action Makes Trial Judges Reluctant To Grant Bail: Supreme Court

The Supreme Court has flagged that trial court judges are increasingly hesitant to grant bail due to a fear of disciplinary action, leading to an influx of bail petitions before High Courts and the Supreme Court.

The Court observed that the initiation of departmental proceedings against judicial officers for alleged wrong exercise of discretion discourages them from granting bail even in deserving cases. 

It emphasised that a mere erroneous order or incorrect exercise of discretion cannot, by itself, justify disciplinary proceedings. 

The Court called upon High Courts to ensure that judicial officers are not subjected to departmental inquiries solely for passing bail orders perceived as incorrect.

[Nirbhay Singh Suliya v. State of Madhya Pradesh & Anr.]