Supreme Court Of India
(From : AIROnline 2024 RAJ 1101)
Vikram Nath,
Sanjay Karol,
Sandeep Mehta
, JJJ
Criminal P.C. (2 of 1974) , S.439— Constitution of India , Art.136— Punjab and Haryana High Court Rules and Orders (1966) , R.5, Chap.1A(b)— Expunction of adverse remark – Prayer for – Appellant, a Judicial Officer challenged High Court’s strictures passed against him while rejecting a bail application of an accused in a serious criminal case – Appellant had granted bail on principle of parity but mistakenly overlooked the criminal antecedents of accused – High Courts should ordinarily refrain from passing strictures against judicial officers – High Court criticized him without giving him a chance to explain and relied on a precedent case that was later overruled – Observations of High Court were expunged – Recommendations were given to all High Courts to adopt rules requiring disclosure of past criminal cases of accused in bail applications.
AIROnline 2024 RAJ 1101-Reversed
(Para 18
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