The Trial Court has no authority to question the High Court order. Recently this incident took place in Maharashtra after Bombay High Court was observed pulling up a trial court for refusing to release the applicant on bail despite the directions made by the High Court order.
Justice Sarang Kotwal had recently granted bail to the applicant Gulfasha Sheikh on June 18 2021 after the court noted that she had been in jail since November with her 10-month-old child. Despite the directions from Justice Kotwal. The Advocate of applicant Aniket Vagal approached Justice for an urgent hearing after the trial court refused to accept the bail due to which the applicant was not released.
The advocate of applicant Aniket Vagal submitted that the trial court refused to grant bail to the applicant. As the High Court refused to record section 302 of the Indian penal code which was one of the charges of the applicant. Justice termed this as a serious breach of the order. He also said that the trial court should follow the orders given by High Courts and Supreme Court.
He also added that the trial court refused to grant bail to the applicant affected the valuable right of getting bail at the earliest and the applicant also suffered in jail for more period than it was necessary when she has a 10-month-old child with her.
-Report by ANAND PATIL