GABENDRA SINGH CHAUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- The petitioner who is a judicial officer posted at Dholpur has come up in this Criminal Misc. Petition for expunging certain remarks observations made by Shri R.K. Chachan, District and Sessions Judge, Dholpur in his order dated 17-8-1999 passed in Criminal Misc. Application No. 736/98 titled as Gokul Singh v. The State of Rajasthan.

(2.) The petitioner while dealing with the bail matter in FIR No. 113/98 of Police Station Rajakhera had remanded all the ten accused to judicial custody for a day on 27-7-1998 and after looking into the medical report of the injuries on the complainant had ordered all the accused persons to be released on bail. The complainant Gokul Singh had filed the application under Section 439(2), Cr.P.C. for cancellation of bail granted to the accused persons which was decided on 17-8-1999 i.e. about one year of granting of the bail and the bail granted by the judicial officer was cancelled. However, while cancelling the bail orders, the learned Sessions Judge, Dholpur had observed that the haste in granting the bail shown by the Judicial Magistrate shows that the Judicial Magistrate had tried to give benefit to the accused persons while granting the bail with mala fide intention. The petitioner is aggrieved with the following observations of the learned Sessions Judge.

(3.) In my opinion, in case the learned Sessions Judge was of the opinion that in the circumstances, the bail should not have been granted or bail granted needed to be cancelled there was hardly any necessity to pass any such remarks against the judicial officer for which there was no basis.