K P TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition by a judicial officer who at the relevant time was an Additional Sessions Judge, for expunging remarks which were made against him by the High Court while reversing the orders of bail passed by him in Miscellaneous Criminal Case Nos. 816 of 1991 and 466 of 1991.

(2.) The undisputed facts are that the accused in those cases are charged with the offences punishable under Ss. 147, 148, 149, 506, 341 and 302 of the Indian Penal Code A charge-sheet was being processed in respect of the offences in the Court of the Chief Judicial Magistrate at the relevant time. The five accused in the meanwhile, applied for bail. Their application was considered on merits and rejected by the petitioner. However, in spite of the rejection of the application on merits, the petitioner first granted the accused temporary bail' for one reason or the other and all of them were subsequently granted permanent bail. Against the order granting permanent bail, the complainant preferred an application to the High Court and prayed for cancellation of the bail. The State did not file a separate application but supported the complainant's application and also pressed for the cancellation of the bail. The High Court discussed the case of each of the five accused who were granted bail and pointed out that on facts there was no justification for granting bail to any of them and by its order of 13th July. 1991, cancelled the bail of all the accuscd. However, while passing the order, the High Court made the following observations