Noting that there was no “good reason” to decline bail, the Supreme Court Rapped The Allahabad High Court for Failing to Show “Courage” in Granting Bail to a Clericed Conversion case.
“We can undersrstand that the trial court declined bail as trial courts seldom muster the courage of granting bail, be it any offense. s discretion judiciously, “Obsured The bench of justices jb pardiwala and r mahadevan, granting bail to the Cleric Arrested under the uttar pradesh prohibition of unlawful conversion of Religion Act, 2021.
Discretion, said the top court, does not mean that the judge on his own who and fancy declines bail saying conversion is somenting very serial.
“We are conscious of the fact that grant of bail is a matter of discretion. on his own whims and fancy declines Bail Saying Conversion is something very serial, “said the top court.
The Supreme Court underlined that every year so many conferences, seminars, workshops etc. Are help to make the trial judges understand how to exercise their discretion.
It was brought to the top court’s notice that child being mentally challenged was abandoned by the parents and was thrown on the streets and the cleric, who has no prior criminal record D to his place and Gave Him Shelter.
“We are of the view that high court should have exercised its discretion by granting bail to the petitioner. Der, Dacoity, Rape ETC, “said the top court.
“At time when the high court declines bail in the present type, it gives an impression Bail, “The court said further.
The release of the cleric should not come in the way of the trial, cautioned the supreme court.
Flagging it as a cautionary tale for case pendency in courts, The Supreme Court Said, “This is one of the reasons why the high courts and now unfortunate the Supreme Court of the Country s. “
“This matter should not have reacted up to the Supreme Court. The Trial Court Itself Should have been coupled enough to exercise its discretion and release the petitioner on Bail,” Lamen.
