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All Courts in the Country, including High Courts should be extremely careful and circumspect in concluding a judgment of the Supreme Court to be per incuriam
Sundeep Kumar Bafna vs State of Maharashtra & Anr
CRIMINAL APPEAL No. 689 OF 2014 [Arising out of SLP (Crl.)No.1348 of 2014]
About/from the judgment:
Accused can directly approach the High Court and Sessions Court for regular Bail, not necessary that accused should apply to the Magistrate first.
The upshot of this analysis is that no vested right is granted to a complainant or informant or aggrieved party to directly conduct a prosecution. So far as the Magistrate is concerned, comparative latitude is given to him but he must always bear in mind that while the prosecution must remain being robust and comprehensive and effective it should not abandon the need to be free, fair and diligent. So far as the Sessions Court is concerned, it is the Public Prosecutor who must at all times remain in control of the prosecution and a counsel of a private party can only assist the Public Prosecutor in discharging its responsibility. The complainant or informant or aggrieved party may, however, be heard at a crucial and critical juncture of the Trial so that his interests in the prosecution are not prejudiced or jeopardized. It seems to us that constant or even frequent interference in the prosecution should not be encouraged as it will have a deleterious impact on its impartiality. If the Magistrate or Sessions Judge harbours the opinion that the prosecution is likely to fail, prudence would prompt that the complainant or informant or aggrieved party be given an informal hearing.
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