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Improper For HC Judge To Not Refer Bail Plea To Earlier Judge Citing Roster Change : Supreme Court
['Livelaw News Network']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Supreme Court recently criticised a High Court Judge for not referring a regular bail application to the earlier bench, which had dealt with the anticipatory bail application from the same FIR, citing the reason that the earlier judge's roster had changed.
The Court observed that such reasoning adopted by the High Court Judge was not proper.
The bench noted that at the Delhi High Court, the appellant had requested the Single Judge to refer the matter to the earlier Judge who had dismissed the anticipatory bail application.
It is only the prerogative of the Chief Justice to refer a matter.
The said order was passed taking note of the delays in hearing bail applications in situations where the roster of the earlier judge has changed.