Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Party: Necessary party - Criminal case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Party: Necessary party - Criminal case - Complainant-appellant filed application under s. I 93 praying for summoningrespondent no.2 and 3 along with the other accused to face trial asthey were also involved in the commission of offence along with theother accused persons - Sessions judge allowed the applicationand accordingly summoned respondent no.2 and 3 issuing non-bailable warrant of arrest against them - Respondent no.2 and 3filed revision - Complainant-appellant at whose instance the orderD was passed by the Sessions judge, however, was not imp leaded asparty in the revision - Single judge of High Court allowed therevision in part and set aside the portion of the order of Sessionsjudge which had directed issuance of non-bailable warrant of arrestof respondent no.2 a11d 3 while maintaining summoning order -011 appeal, Held: The Single judge of High Court failed to see thatthe complainant at whose instance the Sessions Judge had passedthe order and had allowed his application under s. I 93 was anecessary party to the criminal revision along with the State - Thecomplainant should have been impleaded as respondent along withthe State in the revision - In other words, the complainant also had a right of hearing in the revision because the order impugned in therevision was passed by the Session Judge on his application.Judicial propriety: Judicial independence - While remandingthe case to the subordinate court, the superior court cannot issue adirection to the subordinate court to either "allow" the case or "reject" it - No superior Court in hierarchical jurisdiction canissue such direction/mandamus to any subordinate courtcommanding them to pass a particular order on any applicationfiled by any party - The judicial independence of every Court inpassing the orders in cases is well settled - It cannot be interferedwith by any Court including superior Court - In the instant case, single judge of High Court set aside the portion of the order of Sessions judge which had directed issuance of non-bailable warrantof arrest of respondent no.2 and 3 while summoning them - HighCourt then proceeded to issue further direction to respondent no.2and 3 to surrender before the trial court and move the applicationfor regular bail which would be considered and allowed by that . court on the same day on which it is moved - Such directions amountto usurping the powers of that Court and would amount to interferingin tlze discretionary powers of the subordinate Court - Such orderis, therefore, not legally sustainable.Bail: Duty/power of court while deciding bail application -Held: It is the sole discretion of the Sessions Judge to find out whilehearing the bail application as to whether any case on facts is madeout for grant of bail by the accused or not - If made out then togrant the bail and if not made out, to reject the bail - In either case,i.e., to grant or reject, the Sessions Judge has to apply hisindependent judicial mind and accordingly pass appropriatereasoned order keeping in view the facts involved in the case andthe legal principles applier!e for grant/rejection of the bail. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1233 |
Petitioner | Madan Mohan |
Respondent | State Of Rajasthan & Ors. |
SCR | [2017] 12 S.C.R. 222 |
Judgement Date | 2017-12-14 |
Case Number | 2178 |
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