Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Citation: 2024 INSC 139.
Order: 22-Feb-2024.
Judicial Impropriety/indiscipline in Bail Cancellation
1. Observation on Bail Cancellation
The Supreme Court noted judicial impropriety in the cancellation of bail by one Single Judge of the High Court, which was initially granted by another Single Judge of the same court.
2. Supreme Court's Stance
The Supreme Court Bench expressed that the cancellation of bail by the Single Judge of the High Court of Madhya Pradesh was uncalled for and amounted to judicial impropriety.
3. Expression of Displeasure
The Supreme Court expressed dissatisfaction with the conduct of the Single Judge of the Madhya Pradesh High Court who cancelled the bail already granted.
4. Reviewing Orders
The Supreme Court stated that reviewing the orders granting bail by another Single Judge is uncalled for and amounts to gross impropriety.
5. Single Judge's Actions
The Supreme Court criticized the Single Judge for virtually reviewing the orders granting bail to the appellants by another Single Judge of the same High Court.
6. Question on Bail Cancellation
The Supreme Court questioned the listing of the application seeking cancellation of bail before a Single Judge other than the one who had granted bail.
7. Details of the Case
In this case, an application seeking the cancellation of bail of the State was listed before another Single Judge, leading to the cancellation of the granted bail.
8. Reference to Abdul Basit Judgment
The Single Judge of the High Court relied on the Supreme Court Judgment of Abdul Basit to cancel the bail granted to the accused.
9. Considerations for Bail Grant and Cancellation
The Supreme Court noted that the considerations for grant of bail and cancellation thereof are entirely different.
10. Disagreement with Single Judge's Findings
The Supreme Court disagreed with the findings of the Single Judge, observing that none of the conditions existed to cancel the bail.
11. Section 362 Cr.P.C. Operates A Bar
The Supreme Court observed that the High Court cannot review its own cases within the limited scope of Section 362 CrPC.
12. Accepted Principle of Law
The Supreme Court stated that a court cannot entertain a fresh prayer for relief in the matter unless the previous order of final disposal has been set aside or modified.
13. Judgment and Order Granting Bail
The Supreme Court stated that the judgment and order granting bail cannot be reviewed by the court passing such judgment and order.
14. Section 362 of the Code
The Supreme Court stated that Section 362 of the Code operates as a bar to any alteration or review of the cases disposed of by the court.
