Read Time: 04 minutes

The Madhya Pradesh High Court recently issued a warning to a District Court Judge after allegations of casteism and bias were leveled against him. Court found that Prashant Shukla, First Additional Session Judge, Maihar, District Satna had denied bail to a man whose case was on a better footing than his co-accused who was granted bail despite the recovery of stolen property.

Taking a serious view of the issue, the bench of Justice Vivek Agarwal noted, 

"Let warning be issued to the concerned Judge Shri Prashant Shukla, First Additional Session Judge, Maihar, District Satna and copy of this order and warning be placed in his service book to be more cautious and judicious in his approach in future so that image of the judiciary can be saved and such allegations of casteism and bias are not allowed to be levied so to tarnish collective image of judiciary."

Court was dealing with a bail application filed by one Indrajeet Patel who had been denied bail by the lower court. Arguing on behalf of Patel, his counsel apprised the court that the Additional Sessions Judge granted bail to main accused Ajay @ Guddu Mishra from whom stolen property was recovered. He alleged that the decision was taken purely on caste lines.

He also asserted before the Court that there is a criminal history of six cases against coaccused Ajay Mishra whereas criminal history of ten cases against the Patel and like Ajay Mishra, there is no order of conviction in any of the pending cases against Patel as has been mentioned qua Ajay Mishra. It was pointed out that the Additional Sessions Judge had exercised the discretion in an arbitrary and illegal manner.

Taking note of the facts of the cases, Court found that the Judge had granted bail to the co-accused from whose possession, stolen property was recovered but denied bail to Patel. Court said, "(This fact) prima facie substantiates the allegations made by learned counsel for the applicant."

Therefore, Considering the fact that the case of Patel was on better footing than Ajay @ Guddu Mishra granted bail to Patel. 

Case Title: Indrajeet Patel v. The State of MP and Others