The Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka allowed a petition granting relief to Dr. Sarita Swami Additional District & Sessions Judge, Deedwana, Rajasthan. The relief so was granted to the Judicial Officer from Rajasthan without notice to the respondent.

The Rajasthan High Court while cancelling the bail of an accused made serious observations against the said Judicial Officer who had granted bail saying that the "grant of bail to the accused was arbitrary and against judicial impropriety" and "directed the file to be placed before the Chief Justice of Rajasthan High Court for taking appropriate action against the Ld. Sessions Judge on the administrative side".

The Apex Court made observations in its order that "the order of the High Court is set aside" and deprecated the act of the High Court judge to propose an action to be taken action against the judicial officer on the administrative side. Justice Kaul while setting aside the judgment held that "this kind of observation by the High Court against the Judicial Officer not only discourages them but also increases pendency before the High Court and this Court since the judicial officer is not able to pass order freely".

The Additional District & Sessions Judge, Deedwana Dr. Sarita Swami has challenged the order of the High Court before the Supreme Court through Advocate Abhishek by way of an SLP.

Earlier the Judicial Officer had dismissed the bail application of an accused filed u/s 439 CRPC on 22.05.20 while posted on the post of ADJ No.2, Alwar as a duty officer during Covid time. The Bail was dismissed considering the case diary wherein allegations were u/s 302 IPC. Subsequently on 31.05.20 when the second bail was filed, the case diary revealed that it was a case u/s 304 IPC and not 302 IPC and the eye-witnesses of the incident also did not support the charges in their statement recorded u/s 164 CRPC. 

subsequently, in the wake of an increase in Covid cases, and to decongest the jails and also in the light of the changed circumstances the said judicial officer granted interim bail to the accused on 12.06.2020. This order was challenged before the High Court by the complainant and the bail was cancelled by the High Court and observations were made against the judicial officer.

Case Details:-

Crl.A. No. 002019 / 2022

Sarita Swami 

Versus 

The State of Rajasthan