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Trial Judge's 'Advice' To Supreme Court On When To Grant Bail Disapproved

LIVELAW NEWS NETWORK

3 Oct 2026 9:05 AM IST

The Supreme Court has sought an explanation from the Trial Judge.

The Supreme Court has disapproved remarks made by a trial court judge in West Bengal, who, while seeking an extension of time to complete a criminal trial, appeared to offer advice to the Supreme Court on when bail should and should not be granted.

A Bench of Justice JB Pardiwala and Justice K Vinod Chandran expressed displeasure over the manner in which the Additional District and Sessions Judge, 3rd Court, North 24 Parganas at Barasat, addressed a letter to the Supreme Court seeking more time to conclude the trial.

The Bench said that it was "quite disturbed" by the manner in which the Trial Judge wrote the letter.

"It is not for the Presiding Officer to convey words of advice as to when this Court should grant bail and should not grant bail. The last two paragraphs of the letter are something which we have not appreciated," the Bench observed.

The Court noted that the trial judge had written to the Assistant Registrar of the Supreme Court on August 11, 2026, seeking additional time to complete the trial.

The Bench recalled that, by an order dated May 11, 2026, it had directed the trial court to ensure that the trial was completed within three months.

"We are quite disturbed with the manner in which the trial Judge has addressed a letter to this Court requesting for some more time," the Bench remarked.

Taking exception to the last two paragraphs of the letter, the Court directed its Registry to call for an appropriate explanation from the concerned presiding officer at the earliest.

The case arose from a challenge to a March 5, 2026 order of the Calcutta High Court, which had declined to grant bail to Amit Ghosh, while permitting him to renew his bail plea after a further period for recording the evidence of prosecution witnesses.

The High Court had noted that six witnesses had been examined after its earlier order dated January 30, 2026. Based on a report from the Additional Deputy Commissioner of Police, Bidhannagar Division, the High Court was informed that the prosecution intended to examine 25 more witnesses. It directed the State to complete the examination of at least 12 additional witnesses by May 1, 2026.

While declining bail at that stage, the High Court granted Ghosh liberty to renew his bail application after the stipulated period, taking note of the gravity of the offence.

When Ghosh approached the Supreme Court, a Bench of Justice JB Pardiwala and Justice Vijay Bishnoi observed that although the High Court had expected the remaining 12 witnesses to be examined by May 1, 2026, not a single witness had been examined till May 11, 2026.

Giving the State "one last chance" to proceed with the recording of evidence, the Supreme Court directed the trial court to ensure that the trial was completed within three months, "without fail". It also directed that the disposal of the trial be reported to the Supreme Court.

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