Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy
Live LawThe Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed.The Bench of Justice Arvind Kumar Sangwan ordered thus while. The Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed. The Bench of Justice Arvind Kumar Sangwan ordered thus while noting that in an alleged Dacoity case, the Additional Sessions Judge had, without noticing the facts of the FIR, decided that since the petitioner was booked for an offence under Section 395 of the IPC, his custodial interrogation was required. Significantly, observing that the order passed by the lower court was on the face of it, against the settled norms, the Court remarked: "It is a well-settled procedure of law that while passing on order or a judgment, a Judge is required to notice the facts of the FIR; the role of the person seeking bail/anticipatory bail; his antecedents and the gravity of offence committed and then form an opinion in the light of the guidelines given by Hon'ble Surpeme Court in number of judgments regarding granting or dismissing the bail/anticipatory bail."