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Court slammed for remand of officials given bail by high court | India News – Times of India

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CUTTACK: The Orissa high court on Monday chastised a trial court for resorting to “judicial adventurism” by “bypassing hierarchical discipline” and remanding two government officials accused in a corruption case in custody, disregarding the HC order granting anticipatory bail to them.
The accused, Susanta Kumar Samantaray and Lalitendu Jena, had challenged the order of Bhawanipatna special judge (vigilance).
Quashing the trial court order, Justice V Narasingh ruled that the interim bail granted to the two accused earlier shall be effective till the conclusion of the trial.
In his order, Justice Narasingh said the country’s justice delivery module follows a hierarchical system, in which the subordinate court “has the bounden duty to follow the direction issued by the higher court”, or else judicial discipline will go haywire.
The trial court went on to re-examine the allegations on merit and thereby, virtually sat in appeal over the HC’s order, the judge observed, adding that in the process, it rendered insignificant the high court ruling granting anticipatory bail.
“Such approach amounts to bypassing the hierarchical discipline in judiciary, which is the cornerstone of people’s faith in the administration of justice. Such judicial adventurism and overreach is to be shunned, otherwise the edifice will crumble,” Justice Narasingh stated.
According to case records, the vigilance department had registered an FIR under the Prevention of Corruption Act against Samantaray and Jena in Koraput on December 15, 2021.
The high court granted anticipatory bail to the duo on January 24, 2022, with a direction to release them on furnishing a bail bond of Rs 10,000, if they were arrested. But on March 20 this year, the trial court rejected the bail pleas of the accused and remanded them in custody.
The accused challenged the trial court order on March 23. On April 5, Justice Narasingh granted interim bail to both accused.



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