Bench Has No Business to Make Any Adverse Commentor Uncharitable Remark on Any Other Judgment: S. Kasi Versus State

Case Covered:

S. Kasi

Versus

State Through The Inspector of Police Samaynallur Police Station Madurai District

Facts of the case:

This appeal has been filed questioning the judgment of Madurai Bench of Madras High Court dated 11.05.2020 in Crl.OP(MD) No.5296 of 2020 by which judgment the bail application of the appellant has been dismissed.

Brief facts giving rise to this appeal are: –

The appellant is accused in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) of Indian Penal Code. The appellant was arrested on 21.02.2020 in the above case and lodged in Central Prison, Trichy. The bail application of the appellant under Section 439 was rejected by the trial court on 30.04.2020. After being in judicial custody for more than 73 days, the appellant filed an application Crl.OP(MD)No.5296 of 2020 before the High Court of Judicature of Madras at Madurai Bench praying for grant of bail on account of the passage of such 73 days and non-filing of the charge sheet. One of the contentions of the appellant before the High Court was that charge sheet having not been filed, the appellant is entitled to bail by default as contemplated under Section 167(2) of the Code of Criminal Procedure.

Observations of the court:

Learned Single Judge did not follow the judicial discipline while taking a contrary and diagonally opposite view to one which has been taken by another learned Single Judge in Settu versus The State (supra). The contrary view taken by learned Single Judge in the impugned judgment is not only erroneous but also sends wrong signals to the State and the prosecution emboldening them to act in breach of liberty of a person.

Judgement of the court:

We may further notice that learned Single Judge in the impugned judgment had not only breached the judicial discipline but has also referred to an observation made by learned Single Judge in Settu versus The State as uncharitable. All Courts including the High Courts and the Supreme Court have to follow a principle of the Comity of Courts. A Bench whether coordinate or Larger has to refrain from making any uncharitable observation on a decision even though delivered by a Bench of a lesser Coram. A Bench sitting in a Larger coram may be right in overturning a judgment on a question of law, which jurisdiction a Judge sitting in a coordinate Bench does not have. In any case, a Judge sitting in a coordinate Bench or a Larger Bench has no business to make any adverse comment or uncharitable remark on any other judgment. We strongly disapprove of the course adopted by the learned Single Judge in the impugned judgment. 34. In view of the foregoing discussions, we allow this appeal, set aside the judgment of learned Single Judge, direct that appellant is released on default bail subject to the personal bond of Rs.10,000/- with two sureties to the satisfaction of the trial court.

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