The single-judge bench of the Jharkhand High Court held that the court that disposes of a bail petition is not expected to make any comments on the merits of the case.
Brief facts
The factual matrix of the case is that the present criminal miscellaneous petition is filed under Section 439 (2) of the Code of Criminal Procedure for quashing the order passed by the learned Sessions Judge in which it was mentioned that the dispute is civil in nature.
Contentions of the Petitioner
The Petitioner submitted that the learned session judge ought not to have commented on the merits of the case while disposing of the anticipatory bail application.
Observations of the court
The Hon’ble Court observed that it is well-established law that the court while disposing of the bail application is not expected to make comments on the merits of the case.
It was furthermore observed that in the instant case, the learned session judge has not mentioned anything to suggest that no criminal case was made out.
Based on these considerations, the court was of the view that the dispute is pending before the learned magistrate and the same will not be prejudiced by the observation of learned Sessions Judge that the dispute is civil in nature.
The decision of the court
With the above direction, the court disposed of the criminal miscellaneous petition.
Case Title: Karamjeet Singh V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Anil Kumar Choudhary
Case No.: Cr.M.P. No. 1548 of 2022
Advocate for the Petitioner: Mr. Amit Kumar, Adv.
Advocate for the State: Mr. Shailendra Kr. Tiwari, Spl. PP
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