1993 (10) TMI 367

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....48, 149, 506, 341 and 302 of the Indian Penal Code. A charge-sheet was being processed in respect of the offences in the court of the Chief Judicial Magistrate at the relevant time. The five accused in the meanwhile, applied for bail. Their application was considered on merits and rejected by the petitioner. However, in spite of the rejection of the application on merits, the petitioner first granted the accused temporary bail for one reason or the other and all of them were subsequently granted permanent bail. Against the order granting permanent bail, the complainant preferred an application to the High Court and prayed for cancellation of the bail. The State did not file a separate application but supported the complainant's applicat....

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....tisfied that there was any case in favour of the accused for releasing them on bail. 4.We are, however, impelled to remind the learned Judge of the High Court that however anguished he might have been over the unmerited bail granted to the accused, he should not have allowed himself the latitude of ignoring judicial precaution and propriety even momentarily. The higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. That is one of the functions of the superior courts. Our legal system acknowledges the fallibility of the judges and hence provides for appeals and revisions. A judge tries to discharge his duties to the best of his capacity. While doi....