Delhi HC slams trial court judge who gave bail

Posted By: Pti
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New Delhi, Feb 22 (PTI) The Delhi High Court todayslammed a trial court judge for "transgressing all limitsof judicial propriety" in granting bail to an accused inan excise duty evasion case and refusing to hear the CentralExcise department''s plea for cancellation of the relief.

"The ACMM who possessed no inherent powers to interferewith the investigation showed keen interest in theinvestigation in this case and wanted the accused to bebrought to his court and investigation be done in hispresence," said Justice S N Dhingra.

"This is not an isolated case. the ACMM in cases hasshown poor understanding of criminal law. This court hadoccasions to consider several other orders passed by the ACMMand was compelled to find out about other cases and the resultwas starling," Justice Dhingra added while citing that out of78 cases decided by the ACMM the accused persons in 73 caseshave been discharged between the period April-October 2010.

Justice Dhingra cancelled the bail granted by the ACMM toone Brijesh Kanodia in a duty evasion case and said "lookinginto the conduct of the ACMM that he transgressed all limitsof judicial propriety, the September 18, 2010, order grantinghim bail is hereby set aside".

Meanwhile, the High Court referred the matter back tothe trial court for consideration of Kanodia''s bail pleaafresh and directed the accused to surrender before the ACMMon March 1.

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