It cautioned the magistrates of trial courts in both AP and TS
Hyderabad High Court
Hyderabad: The Hyderabad High Court on Friday cautioned the magistrates of trial courts in both AP and TS not to grant bails arbitrarily. A Division Bench comprising Acting Chief Justice Dilip B. Bhosale and S.V. Bhatt set aside a detention order passed by the Kadapa district magistrate by detaining Guddeti Ramanatha Reddy alias Vinjamuru Ramanatha Reddy, an alleged red sanders smuggler under the AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986.
While hearing the plea by Reddy’s wife, challenging the order of the collector as illegal, the Bench noticed that he had indulged in 14 offences of smuggling and was given bail in 11 cases. Special counsel appearing for the AP government urged the Bench to issue appropriate directions to all magistrates regarding granting bail in cases wherein the accused indulged in serious and same offences after being enlarged on bail.
While issuing instructions to the magistrates of both states, the Bench relied on more than half a dozen cases in which the Supreme Court had categorically stated that the valuable right of liberty of an individual and the interest of the society in general had to be balanced and liberty of a person accused of an offence would depend upon the exigencies of the case.
The Bench stated: “This Court is compelled to observe that the magistrates, while considering granting bail are not taking note of SC orders in various cases, the applications for grant of bail are ordered on the consideration to the fact that the accused is in custody for a reasonable period.”
The Bench added: “It is further noted that the grant or refusal of bail is in the exclusive jurisdiction of courts of competent jurisdiction and such grant or refusal of bail is examined by the courts on case to case basis, bearing in mind the binding precedents referred in this order, but not in a routine manner.”
The Bench directed the Registrar (Judicial) to communicate a copy of the order to all principal district judges in AP and Telangana state with further instructions to communicate copies of the order to the judicial officers working under their jurisdiction to take note of the principles laid down by the Apex Court in the decisions referred to in the order while considering granting bail to accused involved in same, serious and series of offences.
( Source : deccan chronicle )
Next Story
