The Appellate Division of the Supreme Court has come down heavily on a High Court bench for “not properly exercising its discretion and not assigning any reason” in granting anticipatory bail to Hall-Mark group Chairman Jasmine Islam in a corruption case.
“We have repeatedly held that it is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsically at its sweet will,” said an Appellate Division bench in its full order released on December 4.
