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HC was in a tearing hurry: Observations by SC while cancelling Ashish Mishra’s bail

Google Oneindia News

New Delhi, Apr 18: The Supreme Court today cancelled the bail granted to Ashish Mishra, the son of union Minister Ajay Mishra in the Lakhimpur Kheri violence case.

The Bench comprising Chief Justice of India, N V Ramanna, Justices Surya Kant and Hima Kohli said, 'the denial of victims being heard and the tearing hurry shown by the High Court (HC) merits the setting aside of the bail order. He order cannot be sustained and has to be set aside, the Bench said in its operative portion.

HC was in a tearing hurry: Observations by SC while cancelling Ashish Mishra’s bail

The Bench also held that the HC had passed the order taking into account irrelevant considerations and denying the right of hearing to the victim. The victims have an unbridled right to participate in all proceedings, including bail hearings. The Supreme Court also criticised the HC for turning into factual merits which are the subject of the trial.

While Mishra has been asked to surrender within a week, the Bench remanded the matter back to HC for fresh consideration. When senior advocate, Dushyant Dave appearing for the victims made a request that the Chief Justice of High Court be requested to assign another Bench to consider the matter, the SC said that it would not be necessary for it to observe anything in that regard. Let that be decided by the Chief Justice of the High Court, the Bench said.

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