Given that there was no “good reason” to reject bail, the Supreme Court raised the Allahabad High Court to fail to show “courage” to a cleric in an alleged adaptation case.
“We can understand that the trial court refused bail as the trial court rarely dared to bail, it was any crime. However, at least, the High Court was expected to expect that it was expected Gather courage and use your discretion, “Justice JB Pardwala and R Mahadevan’s bench, granted bail to the cleric arrested for the righteous conversion for illegal conversion of Uttar Pradesh, 2021.
Discretionary, the apex court said, “It does not mean that the judge reduced his own craze and bail on fancy, stating that the conversion is very serious.”
“We are conscious of the fact that the bail grant is a matter of discretion. But the conscience should be used in view of the principles of well -disposing of the bail grant. The judge bail on his own craze and fancy decline, saying that the conversion is very serious, “the top court said.
The Supreme Court underlined that every year several conferences, seminars, workshops etc. are organized to understand the trial judges how to use their discretion.
It was brought in the notice of the apex court that the child was being mentally challenged, was released by parents and thrown on the streets and the cleric, which has no pre -criminal record, humanitarian basis But brought the child to his place and gave him shelter.
“We are of the idea that the High Court should have used his discretion by giving bail to the petitioner. The High Court had no good reason to reject bail. Allegedly murder, robbery, serious or serious like rape Not serious. “The top court said.
The court said, “Many times when the High Court gives bail in current types of cases, it gives an assumption that completely different views were weighed with the presiding officer, who settled well of the bail grant. Ignores the principles the principles, “the court further said.
The release of the cleric should no longer come in the way of the trial, warned the Supreme Court.
Flalying it as a careful story for case pendency in courts, the Supreme Court said, “This is one of the reasons that the High Courts and now unfortunately the country’s Supreme Court has flooded with bail applications.”
“The matter should not have been reached to the Supreme Court. The trial court should have been adequately adventurous to use its conscience and leave the petitioner on bail,” the apex court said.
(Tagstotransite) Supreme Court (T) Conversion (T) Bail (T) Allahabad High Court
