HC Cannot Direct Trial Courts to write Bail Orders in specific manners

HC Cannot Direct Trial Courts to write Bail Orders in specific manners

  • Case Name: Ayub Khan v. The State of Rajasthan
  • Judge(s): Justice Abhay S. Oka and Justice Augustine
  • Advocate(s): Sidharth Luthra & Sansriti Pathak

In this case, the District and Sessions Judge faced criticism from the Rajasthan High Court for not adhering to specific formatting guidelines as mandated in the case of Jugal Kishore v. State of Rajasthan, when rejecting a bail application. 

The judge had denied bail to an accused charged with serious offenses under Section 307 IPC and Arms Act 1959  but the HC later granted bail while making adverse remarks about the judge's conduct, labeling it as "indiscipline." 

The Supreme Court intervened, ruling that higher courts cannot mandate how trial courts should write bail orders, as this undermines judicial discretion. The Court set aside the remarks, protecting the judge's career and independence.

SCC Online / 1 year, 19 days ago

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