Supreme Court: No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner

 In a given case, if necessary, the court can incorporate a chart as directed in paragraph 9 while deciding a bail application. However, if a High Court directs that in every bail order, a chart should be incorporated in a particular format, it will amount to interference with the discretion conferred on the Trial Courts. Therefore, in our view, what is observed in paragraph 9 of the decision in the case of Jugal Kishore MANU/RH/0611/2020 : (2020) 4 RLW 3386 cannot be construed as mandatory directions to our Criminal Courts. At the highest, it can be taken as a suggestion which need not be implemented in every case. No Constitutional Court can direct the Trial Courts to write orders on bail applications in a particular manner. One Judge of a Constitutional Court may be of the view that Trial Courts should use a particular format. The other Judge may be of the view that another format is better. {Para 12}

16. Therefore, to conclude, we hold that the directions issued in paragraphs 9 and 10 of the decision of the Rajasthan High Court in the case of Jugal Kishore MANU/RH/0611/2020 : (2020) 4 RLW 3386 cannot be said to be binding directions. At the highest, the same shall be treated as suggestions made by the High Court. Non compliance with what is observed in paragraphs 9 and 10 of the said decision by a judicial officer cannot be treated as an act of indiscipline or contempt.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 5388 of 2024.

Decided On: 17.12.2024

Ayub Khan Vs. The State of Rajasthan

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka and Augustine George Masih, JJ.

Author: Abhay Shreeniwas Oka, J.

Citation:  MANU/SC/1347/2024.

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