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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

In this criminal appeal, the Supreme Court addressed the scope of a High Court's power during criminal revision. The complainant sought to add two accused persons (Ashish Meena and Vimal Meena) to an existing trial, and the Sessions Judge agreed by issuing non-bailable warrants. The High Court partly allowed the accused's revision, cancelling the non-bailable warrants but directing the Sessions Judge to consider and 'allow' their bail applications the same day. The Supreme Court held that a High Court cannot direct a subordinate court to allow or reject an application—such directions violate judicial independence. The High Court could only observe that the accused are free to apply for bail and that their applications will be decided on merits. The appeal was allowed and the impugned High Court order set aside to that extent.

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Criminal Procedure Bail Judicial Independence High Court Jurisdiction Sessions Judge Powers Criminal Revision Separation of Powers

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