High Courts should not usurp powers of trial courts on bail issue: Supreme Court

NEW DELHI: Deprecating in strong terms High Courts usurping powers of lower courts by passing and interfering with orders for granting or refusing bail, the Supreme Court has asked them to use their discretionary power with great care.

Taking strong exception to Allahabad High Court's order which had stayed arrest of an accused until the conclusion of the trial, a bench of justices K S Radhakrishan and Dipak Misra said that the High Courts should refrain from passing such orders.

"We are sorry to note that in spite of the clear pronouncement of law by this Court, still, the High Courts are passing similar orders. This practice has to be deprecated in the strongest terms.

"Of late, we notice that the High Courts are entertaining writ petitions under Articles 226 and 227 (relating to powers of High Courts to issue certain writs) of the Constitution, so also under Section 482 CrPC (inherent power of the HCs)and passing and interfering with various orders granting or rejecting request for bail, which is the function of ordinary Criminal Court," the bench said.

The court passed the order on a plea filed by a woman challenging the High Court order staying the arrest of her husband in a dowry harassment case filed by her.

The High Court had earlier also stayed the arrest till completion of probe against the husband and disposed of the case. But it again passed the order and extended the stay till the conclusion of the trial.