1991 (9) TMI 365 - SC - Indian Laws

Judicial discipline upheld: Co-ordinate Bench cannot override prior decisions

Vikramjit Singh Versus State Of Madhya Pradesh

The Supreme Court held that a co-ordinate Bench cannot overturn another Bench's decision in the same High Court. It emphasized the need for judicial ... - Issues:1. Grant of bail by High Court and subsequent cancellation of bail order.2. Authority of one Bench to upset the order of another Bench in the same Court.3. Judicial discipline and finality of orders.Analysis:1. The appellant, an accused in a murder case, had his bail application rejected by the trial Court. He then approached the High Court, where his bail application was initially dismissed with the condition to renew it after the police report post-investigation. Subsequently, the appellant renewed his bail plea before the Sessions Judge, which was again rejected. However, a petition before the High Court was allowed by Mr. Justice B.C. Varma, granting bail to the appellant. Another accused, Dharmendra Kumar Sharma, also obtained bail from Mr. Justice G.C. Gupta. The State filed a petition for cancellation of the bail order based on Mr. Justice Gupta's observation that the accused persons did not deserve bail. The High Court, in the impugned judgment, cancelled the bail granted by Mr. Justice B.C. Varma, leading to the appellant challenging this decision before the Supreme Court.2. The Supreme Court emphasized that no Bench can comment on or overturn the decision of a co-ordinate Bench of the same Court. It was highlighted that if the State disagreed with the bail order, it should have approached the Supreme Court directly. The judgment of Mr. Justice B.C. Varma had become final as per the High Court's jurisdiction. The Court noted that if there were grounds for bail cancellation due to misuse or new evidence, the prosecution could have moved for cancellation. The cancellation by Mr. Justice Gupta was deemed unauthorized as it was based solely on his observations in another case, setting a precedent against judicial discipline and the finality of court orders.3. The Supreme Court set aside the impugned order and reinstated the bail granted to the appellant by Mr. Justice B.C. Varma. However, the Court clarified that the State could seek bail cancellation based on objectionable conduct or fresh material, but it should be heard by the Chief Justice or a different Judge to maintain fairness. The judgment highlighted the importance of upholding judicial discipline, respecting the finality of court orders, and preventing endless attempts to reopen matters before different Benches. Ultimately, the appeal was allowed, restoring the appellant's bail and establishing guidelines for future bail cancellation petitions.