KASHI NATH ROY versus STATE OF BIHAR

KASHI NATH ROY versus STATE OF BIHAR

The disclosure of reasoning by the appellant while granting bail was avoidable, but does not constitute such a glaring mistake or impropriety as to justify condemnation or administrative action against him. The High Court's remarks were unkind and excessive; therefore, the adverse paragraph and related references against the appellant are expunged from the High Court's order.

Parties
Appellant: Kashinath Roy; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
18 April 1996
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Patna High Court
Outcome
Appeal allowed.
Legal Topics
Bail, Judicial Stricture, Judicial Discipline, Expunction of Remarks
Criminal Law Service Law Bail Judicial Stricture Judicial Discipline Expunction of Remarks

Case Brief

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Parties

Kashinath Roy

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Patna High Court

Legal Issues

  1. 1 Whether remarks passed by the High Court against the appellant, a Judicial Officer, should be expunged from the judicial order regarding his action in granting bail in a dacoity case.

Ratio Decidendi

The disclosure of reasoning by the appellant while granting bail was avoidable, but does not constitute such a glaring mistake or impropriety as to justify condemnation or administrative action against him. The High Court's remarks were unkind and excessive; therefore, the adverse paragraph and related references against the appellant are expunged from the High Court's order.

Court Disposition

Appeal allowed.

Orders

  • The adverse paragraph and references against the appellant in the High Court's orders are pulled out/expunged.