Whether trial court at the time of passing of judgment in criminal case rely on observation made by high court at the time of bail order?

 In fact every judicial officer knows what is binding effect of observations made while passing bail order either allowing or rejecting. In fact judge who is acting as Additional Sessions Judge is having sufficient experience and maturity. Bail Application No.2931 of 2017 was filed by the present Appellant before this Court. While rejecting the same, there were certain observations. Trial Court referred those observations and reproduced them in para no. 19 of the present impugned judgment. These are not the observations of the trial court but are of this Court. For ready reference they are reproduced thus :--

"Perused the statement of the victim. She has reiterated the allegations levelled in the First Information Report. She also also narrated the torture that was meted out to her the applicant. Victim was subjected to medical examination which reveals that hymen was ruptured" (para no.19 page 135 of paper book). {Para 24}

25. For understanding the observations, I have read the entire order rejecting the bail application (downloaded from our website). There is nothing wrong by the Learned Trial Judge in referring the order. However, is it not the duty of the trial court to consider at what stage, the said order was passed? While deciding the case finally, if the trial courts will continue to consider such observations as one of the factor for arriving at the guilt of the accused (made while deciding the bail application), it will amount to mockery of justice. Are such observations amount to evidence? Can they be treated as precedents having binding effect? The answer is certainly 'No'.

26. Even the learned Judge has not taken pains in going through further observations made by this Court while rejecting bail application. In para no. 8, this Court observed:--

"However, it is made clear that the observations made herein above are prima-facie in nature and restricted to the application under section 439 of the Code of Criminal Procedure, 1973 and the trial Court shall not be influenced by the same at the time of trial."

In spite of these observations. trial Court observed :--

"it can be seen that the said order passed by the Honourable High Court in said Cri. Bail Application is undisputed by the accused" (Para No.20).

27. Consider the logic applied by the Learned Trial Judge. Whether the Appellant is required to dispute such bail order? What for? Because in fact there is a presumption that observations in bail order are prima-facie observations. If the trial court will conclude the trial by considering such observations as one of the parameter, then why there is a need to conduct the trial? The trial court has totally misdirected itself to the issue. This is totally wrong approach.

IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 990 of 2019

Decided On: 09.05.2024

Deelip Tatoba Raje Vs. The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.M. Modak, J.

Citation: MANU/MH/3173/2024.

Read full Judgment here: Click here.

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