Taking strong exception to an order passed by Judicial Magistrate that had granted interim bail to the four accused in the Bhagat Singh Covid Care Centre’s doctor abuse case the High Court of Tripura on Wednesday squashed the interim bail awarded and asked the accused persons to surrender forthwith.
The Justice Arindam Lodh also awarded the police liberty to issue non-bailable warrants against the accused person if they failed to surrender before the police immediately.
Hearing through video conferencing on an anticipatory bail application moved by government advocate Karnajit Dey, also one of the four accused, Justice Lodh observed that in exercise of the powers as a supervisory Judicial body the High Court could take up suo moto cognizance of the orders passed by a lower court to prevent the abuse of judicial process.
The Court also expressed surprise at the lower Court order stating that despite observing sufficient grounds for denying the bail application as to how the court did grant the bail to the accused persons.
Maintaining the doctrine of Judicial discipline, the lower Court must have awaited for the orders coming from the High Court, since an anticipatory bail application being heard by the Court already, Justice Lodh observed.
The Court also directed the police to conduct a TI parade within two days after which the accused persons would be able to seek bail in any of the Court.
Speaking on the issue, APP Samrat Ghosh said, “Justice Lodh heard both sides for hours and squashed the interim bail order. Chief Judicial magistrate first class on Tuesday granted interim bail for all of the accused which now stands nullified. As per the order, the accused persons have to surrender before the police as early as possible failing which non-bailable warrants can be issued against them”.
On being asked on the further observations made by the Court, he said, “The Court has directed the police to conduct the TI parade within two days after which they can move bail application at any of the courts”.
