When the court of Bihar rejected the bail of the accused in a case and ordered him to be sent to jail, then the mercury of the Supreme Court reached the seventh sky. Justice SK Kaul of the Supreme Court lashed out at the Government Advocate of Bihar and said that when we have given an order once in the case of Bail, then why it is not being followed. He even said that when the bail was rejected, why didn't you show our order to the Magistrate?

Justice Sanjay Kishan Kaul Justice Arvind Kumar's bench, while giving interim relief to the accused, canceled the order given on 08th September, 2023 by the Magistrate Court of Patna and ordered the bail application to be heard in another court. The Supreme Court had said that it will not be acceptable if someone does not obey our orders. The bench also said that the accused will not be arrested until the second court decides on bail.

The attitude of both the justices was so harsh that they even said that we have issued orders many times to follow one order. All the High Courts along with the Lower Courts should understand that the order of the Supreme Court is paramount. But even after that disobedience is being done. Keep in mind that a few days ago, the Supreme Court had even said in its order that if its order is not obeyed, the Magistrates who forcibly send the accused to jail will be sent to the training center. They should keep in mind that the order of the Supreme Court is the land of law. It is necessary to accept it.

In Satendra Atil's case, Justice Sanjay Kishan Kaul's bench had said that sending the accused to jail is not the right solution to the problem. The Supreme Court had even said that the lower court in bail cases should not send the accused to jail unless the case registered against him is very serious.

The top court said that the governments should also take measures for the release of prisoners lodged in jails in less serious cases. Many undertrials have been in jail for a long time in very simple cases. During the last hearing, Amicus Curie had told the Supreme Court that some states are yet to file affidavits as to what steps they are going to take in case of release of undertrial prisoners.