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Under Delay In Deciding Bail By Executive Magistrate

Executive Magistrate should not forget that they are also expected to act in accordance with Law with fairness and in judicious manner. Their orders and record should bear an express live concern for fairness. , Unfortunately, the record of the present case belies at that is expected.

They should also see to it that whenever the record is requisitioned by the Superior Court of session to whom Executive Magistrate are undoubtedly subordinate, they must promptly dispatch the record, rather than with holding the Same on fanciful grounds and notions.

No doubt as the Government Advocate states that the applicant's have now been released but at what cost two ladies were detained in face of application for bail and the personal bonds as found on record but no orders there on passed till the matter was brought to the notice of the High Court . The conduct of the Executive Magistrate concerned deserves to be deprecated in to uncertain terms.

As the basis of whole proceedings before the Executive Magistrate is carbon impression of an order passed in some other case by the SDM , without any application of mind ,the proceedings as a whole are liable to be quashed and they are accordingly quashed. (Mansur vs State of M.P)

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