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Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.
“The Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail, however, the Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail applications…Explanation of a Judicial Officer can be called for only on the administrative side.”
“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”
The Court stated that the order granting bail is passed in contravention to the well-established jurisprudence of bail, as Respondents 2 and 3, who were involved in heinous crimes, their release will result in weakening of prosecution case and will also have an adverse impact on the society.
It is a serious matter of prima facie forgery and fabrication of order of Delhi High Court which requires investigation, the forged/fabricated order had been allegedly handed over to an undertrial prisoner by a jail visiting advocate, who has been appointed to assist and help the undertrials.
Delhi High Court had granted bail to Preeti Chandra through order dated 14-06-2023.
Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man
Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., allowed the petitioner, who was involved in NDPS case, to travel abroad
Kerela High Court: The Bench of N. Anil Kumar, J., allowed the bail application of a seventy years old man, filed under