SC critical of MP HC order seeking explanation from trial judge for granting bail

On Thursday, the Supreme Court took strong objection to a Madhya Pradesh High Court order seeking an explanation from a trial court judge why bail was granted to an accused, saying such an order of the high court will have a chilling effect on district judiciary.

New Delhi: The Supreme Court on Thursday took strong objection to a Madhya Pradesh High Court order seeking an explanation from a trial court judge why bail was granted to an accused, saying such an order of the high court will have a chilling effect on district judiciary. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala, which had earlier granted bail to the accused besides staying the high court's direction seeking explanation from the trial court judge, disposed of the plea.

The top court said it is not going to cancel the bail, as sought by the counsel for the complainant, on various grounds such as the charge sheet has been filed and other co-accused have been granted bail already. Deprecating the show cause notice issued by the high court registry to the trial court judge for grant of bail to a man named Tota Ram, the CJI said, Such high court orders have a chilling effect on the district Judiciary and the high court should desist from it.

The bench referred to the sequence of events in the case and said the grant of bail by the trial court, which had rejected it at the first instance, was ordered keeping in mind the changed circumstances as the charge sheet was already filed and other co-accused were on bail. The accused, who was related to the complainant and others, had allegedly accosted him when he was going to his field in June last year.

They had allegedly stripped and assaulted the complainant. Earlier on February 24, the top court had stayed the Madhya Pradesh High Court order seeking an explanation from the trial court judge as to why bail was granted to the accused and said "such orders affect the independence of district judiciary." (PTI)