HCs cannot lay down the form in which a bail order should be passed by trial courts: SC [Video]

The Supreme Court has said that while constitutional courts can lay down the principles governing the grant of bail or anticipatory bail, they cannot lay down the form in which a bail order should be passed by trial courts.

“The constitutional courts can lay down the principles governing the grant of bail or anticipatory bail. However, the constitutional courts cannot interfere with the discretion of our trial courts by laying down the form in which an order should be passed while deciding bail applications,” a bench headed by Justice Abhay S. Oka ruled, as it heard the plea of a District and Sessions Judge of the Rajasthan Judicial Service (RJS) to quash the adverse observations issued against him.

After the appellant-judicial offer rejected a bail application, the accused petitioned the Rajasthan High Court. While granting bail, adverse observations were made against the appellant for not complying with directions issued by …