UMESH SINGH Vs. HIGH COURT OF ALLAHABAD

JUDGEMENT

(1.) DELAY condoned. Leave granted.

(2.) THE appellant had joined the U.P.Higher Judicial Service as a direct recruit on 14.12.1998 and was posted as VII Addl.District and Sessions Judge, Deoria. The appellant, while working as Additional Sessions Judge at Bareilly, declined bail to an accused, who was suspected to be in possession of some stolen ornaments and jewellery. The accused was arrested by the police while she was trying to sell the stolen property. The learned Sessions Judge was of the view that the accused might have been possessing stolen articles and the bail was rejected. This order was challenged by the accused before the High Court. The learned single Judge of the High Court granted bail to the accused and directed that notice be issued to the Sessions Judge as to why he had declined bail to the accused and that which offence was committed by the accused and thereafter notice was issued to the appellant herein as to why disciplinary proceedings should not be taken against him. The appellant submitted his explanation in reply. Thereafter the learned single Judge observed that no case was made out against the accused and the rejection of the bail was unjustified and ordered that adverse remark of warning be entered in the character roll of the appellant for passing careless orders on the bail application. This order is under challenge before this Court.