Reasonable apprehension of bias can justify criminal case transfer even without proof of actual prejudice.

A criminal case may be transferred where the complainant's apprehension of bias is objectively reasonable, even without proof of actual bias. The Court held that earlier adverse observations in a discharge order could sustain a reasonable fear of unfairness despite the High Court setting that order aside and directing fresh consideration. The safeguard of reconsideration was found insufficient because the real test was the appearance of justice, not actual prejudice. Applying the principle that justice must also appear to be done, the transfer application was allowed and the refusal to transfer was set aside.

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Issues: Whether the complainant had made out a reasonable apprehension of bias justifying transfer of the criminal case from the existing court to another court.

Analysis: The earlier discharge order had contained strong observations against the complainant's case, and although the High Court had set aside that order and directed a fresh decision uninfluenced by those observations, the apprehension of prejudice was held to remain reasonable. The safeguard directed by the High Court was found insufficient in the circumstances because the question was not actual bias but whether the litigant's apprehension of unfairness was objectively justified. Applying the principle that justice must not only be done but must seem to have been done, the Court held that the transfer application ought to have been allowed.

Conclusion: Transfer of the criminal case was warranted and the refusal to transfer was set aside in favour of the appellant.

Concurring/Dissenting Opinion: Banumathi, J. dissented and held that the earlier order having been set aside and the matter remitted for fresh consideration, no reasonable ground for transfer was made out; the appeal, in that view, deserved dismissal.

Final Conclusion: The appeal succeeded and the criminal case was directed to be tried by a different court.

Ratio Decidendi: A criminal case may be transferred where the litigant's apprehension of bias is objectively reasonable, even if actual bias is not established, because the administration of justice must also satisfy the appearance of fairness.

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