Punjab and Haryana High Court Quashes Bail Due to Perceived Judicial Bias
Justice Sumeet Goel overturns Magistrate's bail order citing familial ties with the accused, upholding the principle of judicial impartiality.
In a landmark decision dated December 12, 2025, the Punjab and Haryana High Court quashed a bail order granted by the Judicial Magistrate, First Class, Ambala, due to perceived judicial bias. The case, Akash Walia v. State of Haryana, revolved around allegations of bias stemming from the familial relationship between the Magistrate and the accused, Rishabh Walia.
The judgment delivered by Justice Sumeet Goel emphasized the cornerstone principle of judicial impartiality, noting that even a reasonable apprehension of bias renders judicial orders void. The Magistrate in question was found to have familial ties with the accused, which led to concerns about bias in the judicial process. Justice Goel underscored the importance of maintaining public confidence in the judiciary, stating that justice must not only be done but also be seen to be done.
The case arose from an FIR filed by Akash Walia, alleging threats from individuals with gangster connections. A bail was granted to one of the accused, Rishabh Walia, which was challenged by the complainant on grounds of bias. The court acknowledged that while the Magistrate's decision to grant bail might have been factually accurate, the perception of bias due to familial ties was sufficient to nullify the order.
Justice Goel meticulously analyzed the situation, referencing precedents and statutory provisions that stress the necessity of an unbiased judiciary. The decision was influenced by the statutory mandate under Section 479 of the Criminal Procedure Code, 1973, and Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023, both of which prohibit judges from presiding over cases where they have a personal interest.
Though the bail order was quashed, the court allowed the accused to remain on bail temporarily, directing him to appear before the Chief Judicial Magistrate, Ambala, to seek regular bail. The court declined to take immediate action against the Magistrate, acknowledging ongoing administrative inquiries.
This decision reinforces the judiciary's commitment to impartiality and the rule of law, ensuring that even the slightest perception of bias is addressed to uphold the integrity of the legal system.
Bottom Line:
Judicial impartiality and perception of bias in judicial decisions - Setting aside of bail order passed by a Magistrate due to perceived bias stemming from a familial relationship with the accused.
Statutory provision(s): Criminal Procedure Code, 1973 Sections 479, 439; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 525
Akash Walia v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2821407
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