Queency Jain –
The Bombay High Court has condemned the action of a Trial Court of Maharashtra after an express direction to release an accused was given by the Bombay High Court but the Trial Court, by exceeding its jurisdiction, refused to grant the bail to the accused.
The condemnation comes after the Bombay High Court on 18 June granted bail to the applicant Gulfasha Shaikh, observing her to be in custody since November 2020 with her 10-month-old child but the Trial Court refused to grant bail to her and the applicant had to approach the Bombay High Court again on 28 June.
The Bombay High Court called the action of the Trial Court to be a clear breach of the order of the High Court and directed the Trial Court to submit a report explaining their stand within 10 days.
Shaikh was charged under Section 302, 306, 307, 494, 498(A), 504 and 511 of the Indian Penal Code.
While the Bombay High Court granted her bail, the Court observed that the Trial Court’s refusal had seriously affected the Shaikh’s valuable right of getting bail at the earliest.
In conclusion, the Bombay High Court further termed the action of the Trial Court to be inappropriate and not even considering the concerns of the Hon’ble Supreme Court regarding unnecessary crowding of the jails.
Also read: Bombay High Court continues stay on eviction, demolition or dispossession till August 13