TaxTMI 
TaxTMI 
2025 (8) TMI 159
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....inal Miscellaneous Bail Application No. 4677 of 2024. 4. The chronological list of events, relevant and essential for disposal of the appeal are noted hereinbelow. 5. First Information Report (For short 'FIR') No. 224 of 2022 was registered at Police Station Gegal, District Ajmer on 23rd October, 2022 against various accused persons including Sethu @ Angrej and Sethu @ Haddi, for the offences punishable under Sections 147, 323, 341, 325, 307, 427 read with section 149 of Indian Penal Code, 1860 (For short, "IPC"). 6. Sethu @ Haddi was arrested on 21st November, 2022 whereas Sethu @ Angrej was arrested on 25th November, 2022 in connection with the aforesaid FIR. The High Court granted bail to Sethu @ Haddi vide order dated 16th December, 2022. 7. It may be mentioned here that while passing the order dated 16th December, 2022, the High Court observed that the allegation of inflicting the lethal injury was against the accused Sethu @ Angrej from whom the case of the applicant therein (Sethu @ Haddi) was different. 8. At this stage, we are persuaded to note that the said FIR does not bear any reference to the offence under Section 307 IPC simpliciter being invoked in the....
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....ainant in FIR No. 224 of 2022 moved for cancellation of bail granted to the accused, Sethu @ Angrej by filing an application under Section 439(2) of CrPC before the learned Sessions Judge, which came to be allowed vide order dated 6th July, 2023. The learned Sessions Judge observed that the learned counsel for the accused Sethu @ Angrej misled the Court while seeking bail on his behalf. 13. Being aggrieved, the accused Sethu @ Angrej approached the High Court by way of S.B. Criminal Miscellaneous Bail Application No. 4677 of 2024 which came to be decided by the learned Single Judge of the High Court vide order dated 3rd May, 2024. While rejecting the bail application of the accused Sethu @ Angrej, the High Court passed strictures against the appellant herein observing that, he being a Judicial Officer, had passed the order granting bail to Sethu @ Angrej dated 19th December, 2022 in a grossly inappropriate and cavalier manner while ignoring the criminal record of the said accused. 14. Additionally, an observation was made by the learned Single Judge that the accused Sethu @ Angrej was the principal accused in the case, as he caused the lethal injury to the injured Pappu. The ....
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....inate to it. The strength of power is not displayed solely in cracking a whip on errors, mistakes or failures; the power should be so wielded as to have propensity to prevent and to ensure exclusion of repetition if committed once innocently or unwittingly. "Pardon the error but not its repetition". The power to control is not to be exercised solely by wielding a teacher's cane; the members of subordinate judiciary look up to the High Court for the power to control to be exercised with parent-like care and affection. The exercise of statutory jurisdiction, appellate or revisional and the exercise of constitutional power to control and supervise the functioning of the district courts and courts subordinate thereto empowers the High Court to formulate an opinion and place it on record not only on the judicial working but also on the conduct of the judicial officers. The existence of power in higher echelons of judiciary to make observations even extending to criticism incorporated in judicial orders cannot be denied, however, the High Courts have to remember that criticisms and observations touching a subordinate incorporated judicial in officer judicial pronouncements have their....
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....f a judicial officer, unworthy of him, having come to the notice of a Judge of the High Court hearing a matter on the judicial side, the lis may be disposed of by pronouncing upon the merits thereof as found by him but avoiding in the judicial pronouncement criticism of, or observations on the "conduct" of the subordinate judicial officer who had decided the case under scrutiny. Simultaneously, but separately, in office proceedings may be drawn up inviting attention of Hon'ble Chief Justice to the facts describing the conduct of the Subordinate Judge concerned by sending a confidential letter or note to the Chief Justice. It will thereafter be open to the Chief Justice to deal with the subordinate judicial officer either at his own level or through the Inspecting Judge or by placing the matter before the full court for its consideration. The action so taken would all be on the administrative side. The Subordinate Judge concerned would have an opportunity of clarifying his position or putting forth the circumstances under which he acted. He would not be condemned unheard and if the decision be adverse to him, it being on administrative side, he would have some remedy available t....
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....onal conduct and calibre of the Judicial Officer should be avoided. There is a difference between criticising erroneous orders and criticising a Judicial Officer. The first part is permissible. The second category of criticism should best be avoided. The reasons are already explained by this Court in Re: 'K', A Judicial Officer. There are five reasons given in paragraph 15 of the decision why judicial officers should not be condemned unheard. As observed in the decision, the High Court Judges, after noticing improper conduct on the part of the Judicial Officer, can always invite the attention of the Chief Justice on the administrative side to such conduct. Whenever action is proposed against a judicial officer on the administrative side, he gets the full opportunity to clarify and explain his position. But if such personal adverse observations are made in a judgment, the Judicial Officer's career gets adversely affected. 16. The Judges are human beings. All human beings are prone to committing mistakes. To err is human. Almost all courts in our country are overburdened. In the year 2002, in the case of "All India Judges' Association (3) and Ors. v. Union of India and Ors.,....