Orissa High Court Criticizes Trial Court for Judicial Adventurism, Condemning the Decision to Place the Accused in Police Remand Despite the High Court Granting Anticipatory Bail

Post published: December 20, 2023
Post category:Daily Judgments / Odisha High Court
Reading time:3 mins read

Orissa High Court Criticizes Trial Court for Judicial Adventurism, Condemning the Decision to Place the Accused in Police Remand Despite the High Court Granting Anticipatory Bail

Case: Susanta Kumar Samantaray & Anr. v. State of Odisha (Vig.)

Coram: Justice V. Narasingh

Case No.: CRLMC No. 1483 of 2023

Court Observation: “It is disconcerting to note that while passing the impugned order, the learned Trial Court went on to re-examine the allegations on merit and thereby virtually sat in appeal over the order passed by this Court and in the process rendered the order of this Court passed in ABLAPL nugatory.”

“The impugned order of the learned Trial Court remanding the accused-Petitioners in custody in the face of anticipatory bail granted by this Court is ex-facie illegal in the light of the judgment passed by the constitution Bench of the Apex Court in the case of Sushila Aggarwal & others Vrs. State (NCT Delhi) & another, AIR 2020 SC 831 wherein, the Apex Court has held that Anticipatory bail once granted shall normally continue till end of trial,”

“The justice delivery module of this country follows hierarchical system. In such a system, the Court sub-ordinate in the hierarchy has the bounden duty to follow the direction issued by the higher Court, otherwise, judicial discipline will go haywire,”

“Such approach amounts to by passing the hierarchal discipline in judiciary which is the corner stone of people’s faith in the administration of justice. Such judicial adventurism and overreach is to be shunned, otherwise the edifice will crumble.”

Susanta-Kumar-Samantaray-Anr.-v.-State-of-Odisha-Vig Download

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Orissa High Court Criticizes Trial Court