A Lower Court Judge has to face the ire of Madhya Pradesh High Court after the latter deemed the former's order denying bail on 'caste lines.'
The single-judge bench of Justice Vivek Agarwal while adjudicating upon a second bail application filed under Section 439 CrPC took strong exception to alleged bias in the order and warned the Judge for it.
"Let warning be issued to the concerned Judge Shri Prashant Shukla, First Additional Session Judge, Maihar, District Satna and copy of this order and warning be placed in his service book to be more cautious and judicious in his approach in future so that image of the judiciary can be saved and such allegations of casteism and bias are not allowed to be levied so to tarnish collective image of judiciary."
The accused was charged for offences punishable U/S 380, 401, 414, 457, 34 IPC. It was his case that he was charged with the said offences based on the memorandum given by another co-accused from whom the stolen property was recovered and while he was granted bail, his was denied. He alleged bias on caste lines on the concerned judge and submitted that he exercised the discretion in an arbitrary and illegal manner.
The Court was of the view that the bias was apparent as the co-accused from whom stolen property was recovered was allowed bail and the applicant herein despite being on better footing denied the same. The Judge erred in not maintaining parity.
Read Order Here:
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