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Supreme Court of India 2017-12-14 allowed

Madan Mohan vs State of Rajasthan & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A complainant sought to add two additional accused (Ashish Meena and Vimal Meena) to a sexual offence trial after a Sessions Judge allowed his application under CrPC Section 193. The High Court granted a criminal revision, setting aside the non-bailable arrest warrant but directing the Sessions Judge to 'allow' the bail application on the same day. The Supreme Court held that while the High Court could summarily vacate the arrest warrant, it exceeded jurisdiction by directing the Sessions Judge to 'allow' bail. Superior courts cannot command subordinate courts to allow or reject applications; such decisions must remain within the subordinate court's independent judicial discretion.

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Criminal Procedure Bail Criminal Revision Judicial Independence Jurisdiction

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