Navigating Judicial Discretion in India

Brief Fact

According to the FIR in this case the appellant’s nephew was killed by the respondents. On FIR, to save themselves from apprehension of arrest the respondents filed an appeal before the District Court for anticipatory bail, which was rejected by the District Court.

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High Court Discretion

Aggrieved by the District court order, the respondents approached HC Patna for anticipatory bail. The High Court Patna Judge used his discretion and granted anticipatory bail to the accused.

Supreme Court Discretion

Against the bail granted by the High Court, the primary appellant approached to Supreme Court to quash the High Court order of granting the anticipatory bail. The appellant submitted that such a grant of anticipatory bail by the High Court was unwarranted.  Supreme Court reviewed the case and cancelled the anticipatory bail with the remark that-

“The High Court has erred in granting the relief in a cryptic and mechanical manner without considering the materials available on record including the chargesheet which stated that the case has been found true against all the accused persons of such a heinous offence of murder by pouring kerosene oil and setting the deceased on fire.”

New Horizon

1. The Judges of the District Court and Supreme Court think that anticipatory bail in heinous crimes should not be granted. How did the Learned Judge of HC fail to appreciate this point?
2. Our judiciary runs on Face Value or at Place Value of the parties?
3. What will be the fate of the citizens who don’t have the money to pay the advocate fee of the Supreme Court and the ability to get their cases listed soon before the Supreme Court?
4. Is there any system of liability on the Judges for their own judgement?

For the purpose of citation the judgement of Supreme Court is annexed herewith.

2024 INSC 1032

REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

(ARISING OUT OF SLP (CRL.) NO. 961 OF 2024)

SHAMBHU DEBNATH VERSUS THE STATE OF BIHAR & ORS

APPELLANT(S) RESPONDENT(S)

J U D G M E N T VIKRAM NATH, J.

Judgement