A bench of Justices Abhay S Oka and Ujjal Bhuyan noted that the accused had not made any prayer for bail and yet, the High Court proceeded to grant him interim bail after “de-reserving” his quashing plea and taking it up in chambers.
The Court stated that the High Court had acted in gross impropriety by granting a prayer not made in pleadings. Hence, it proceeded to ask the High Court to reconsider the matter
“Propriety required the roster bench not to pass such an order. What is shocking is, when releasing the case, when admittedly there was no prayer for release on bail, the court granted bail for releasing the first respondent (accused). Matter is remitted to concerned bench to be heard on out-of-turn priority if bail is pressed. Order granting bail has not been set aside on merits, it is clarified,” the top court ordered.
Source: Barandbench
