January 20, 2018 12:52 PM

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SC sets aside HC order on strictures against judicial officer

The Supreme Court has set aside an order of the Himachal Pradesh High Court by which action was recommended against a magistrate for granting bail to an accused just four days after a higher court rejected his pre-arrest bail.<br/><br/>The High court had termed the action of the magistrate as "judicial impropriety" and "gross indiscipline" and recommended the chief justice to take appropriate action on the administrative side. It also set aside the magistrate's order and cancelled the bail plea of an accused. The accused was arrested for allegedly giving fake educational degrees to students for money. <br/><br/>A bench of Justices A K Sikri and Ashok Bhushan said the approach of the high court was "erroneous in law" and set aside the order of single judge of the high court. The top court said, the grounds for grant of anticipatory bail are altogether different from that of regular bail and high court could not have cancelled the bail, only on the ground that the anticipatory bail was rejected.

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