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Dasharath Pandey and Others vs State of Bihar

Supreme Court Of India · Decided on 20 January 1995 · Citation: (1995) 3 JT 162 : (1995) 2 SCALE 452 : (1995) 2 SCC 134 : (1995) 1 SCR 745 : (1995) 2 UPLBEC 965

HON’BLE JUDGES
M. M. Punchhi, J · K. Jayachandra Reddy, J
RESULT
Allowed
CASE NUMBER
Slps (Crl.) Nos. 4250, 4260 Of 1994, 37 And 43 Of 1995
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Judgment

7 paragraphs · 233 words
1.

ISSUE notice. Mr. B.B. Singh accepts notice.

SLPS (Cri.) Nos. 37, 43 of 1995:

2.

Leave granted.

SLPS (Crl.) Nos. 4250, 4260 of 1994, 37 and 43 of 1995:

3.

Similarity of the orders passed by the learned Single Judge strikes us. The learned Judge has ordered release on bail of the respective appellants on furnishing a bond, but the effective release has been ordered on a future date ranging between 6 months to one year. We have noticed identical orders earlier also. This seems to have become a pattern with the High court in the manner of dealing with such matters. We regret to record that we are not appreciative thereof. If the accused is due for bail, then he should get it then and there. In case he is not due for bail instantly then the petition should be dismissed suggesting that the prayer of bail be reiterated at a future date. The orders impugned herein are somewhat pre-emptive of the duties of the court.

4.

In this view of the matter, we set aside all these orders of the High court and remit these matters back to it for individual consideration on merits of each case. The appeals stand allowed accordingly,

5.

Copies of the order be supplied to learned counsel within a day and also be despatched to the High court within the same duration for appropriate orders.