SC finds fault with bail orders of judges, sends them to academy

Supreme Court

NEW DELHI: SC has ordered sending an additional chief metropolitan magistrate (ACMM) and a sessions judge in Delhi for training to the judicial academy after finding fault in orders passed by the judicial officers. Bail was granted by ACMM to a habitual offender couple and the same was upheld by sessions judge.A bench of Justices Ahsanuddin Amanullah and S V N Bhatti made it clear that it was not “whittling down pro-liberty principles” but the conduct of accused was such that they should not have been given bail and referred how the accused couple had earlier taken Delhi high court for a ride for four years, a fact which was not taken into consideration by lower courts and the HC also while granting them relief in a cheating case.The couple, facing criminal proceedings in six similar cases, had allegedly cheated Rs 1.9 crore on the pretext of selling a piece of land which was already sold and they refused to refund the money and an FIR was lodged against them subsequently. They then managed to get anticipatory bail from Delhi HC in 2018 after assuring the court to pay back the amount and they enjoyed liberty for almost five years. But they resiled from their statement and failed to pay the amount, compelling HC to cancel their bail in 2023 and by that time chargesheet in the case had been filed. Contending that chargesheet had already been filed, the couple had approached trial court for regular bail which was granted by trial judge and it was upheld by sessions judge and Delhi HC. The apex court also objected to HC order upholding the bail despite it having passed strong observations against them in earlier round of litigation.“In this backdrop, the ACMM, despite being made aware of HC’s order dated Feb 1, 2023 and even noting the same, proceeded on the simplistic premise that since the chargesheet had been submitted, no useful purpose would be served by taking the accused into custody, particularly as the stand taken by the Investigating Officer was that custodial interrogation was not required. Such reasoning, in our view, is untenable, inasmuch as the same glossed over the private respondents’ conduct, including undertakings made before a higher court viz. HC,” the bench said.“Before parting, we would be failing in our duty if we turned a blind eye to the manner in which the ACMM granted bail to the accused and the sessions judge refused to interfere with such grant of bail. In the facts herein, we deem it appropriate that the judicial officers who passed the orders shall undergo special judicial training for a period of at least seven days. The learned CJ of Delhi HC is requested to make appropriate arrangements for such training at Delhi Judicial Academy, with particular focus on sensitising the judicial officers on how to conduct judicial proceedings, particularly in matters where decisions of superior courts are involved and the level of weightage to be accorded thereto,” it said.