mind, the action of the Magistrate is
clearly subversive to judicial discipline and amounts to
gross impropriety because so long the order passed by
this ... There is no denial of this judicial convention
that in order to maintain judicial discipline and consistency
subordinate courts used to obtain endorsement
criminal proceeding, but the courts are bound by
the doctrine of judicial discipline having regard to
the hierarchical system prevailing in our country.
The findings ... under:
"There is no denial of this judicial
convention that in order to maintain judicial
discipline and consistency subordinate courts
used to obtain endorsement
that context, this Court held that long standing
convention and judicial discipline requires bail application to be
placed before the learned Judge who had passed ... issue and there would be wastage of courts’ time. Judicial
discipline requires that such matters must be placed before
the same Judge
same Judge who could have passed the earlier order and the judicial discipline has to be maintained to prevent the abuse of process ... said judgment there is a long standing convention and requirement of judicial discipline which has held the field for a long period that subsequent application
laid down the principle that the
long standing convention and judicial discipline required that the bail application
of the accused should have been placed before ... Magistrate cannot grant the bail as it affects the principle of judicial discipline
and observed as under:-
"2. In view of the fact that
Sessions Court and since there is
no change of circumstance, judicial discipline demands that any
fresh bail application of accused be considered by Sessions Court ... learned Magistrate is not only contrary to settled principal of
judicial discipline and propriety but also contrary to statutory
provisions.
12. In Jayaraj
Judge has
fallen into error. It is a sound exercise of judicial discipline for an order granting or
rejecting bail to record the reasons which ... case‖ does not sub-serve the purpose of a reasoned judicial
order. It is a fundamental premise of open justice, to which our judicial system
only in rare and appropriate cases in extreme
circumstances. But the judicial discipline and comity
of courts require that the High Courts should refrain
from
Anil Kumar @ Anil Kumar Yadav @ Anil Yadav vs The State Of Bihar on 25 September
Zahid Eqbal & Ors vs The State Of Bihar on 25 September, 2014
Author: Akhilesh
