K.G. Balakrishnan, J. - (1.) Leave granted.
(2.) A case was registered by P.S. Sirhind against seven persons, including the appellant under Sections 469/467, 468/218-120B of IPC and also under the provisions of the Prevention of Corruption Act. The appellant was arrested and remanded to judicial custody and the final report was filed by the police. It appears that the appellant moved an application for bail, but the same was rejected. The appellant moved another bail application on 24.4.2003 before the Sessions Judge, Fatehpur Sahib, which was fixed for hearing on 5.5.2003. Meanwhile, on 29.4.2003 the Administrative Judge of the High Court of Punjab & Haryana came for annual inspection to the District & Sessions Court, Fatehpur Sahib, and the Deputy Commissioner, S.S.P. and other police officers were present. The Honble Judge visited the Jail at Nabha as part of the inspection programme. The appellant moved an application for bail during the course of inspection and the learned Judge noticed the police officers as representative of the prosecution, and as they had no objection to the granting of bail to the appellant, the learned Judge passed the following Order: The applicant is facing trial for commission of offences under Sections 409, 447, 468, 218, 120B IPC and also under the provisions of Prevention of Corruption Act. His co-accused similarly situated has since been enlarged on bail. Applicant is in jail for the last seven months. Sessions Judge asked to look into his application and enlarge him on bail as his trial is likely to take some time before it is concluded (Emphasis supplied) Thereafter, the bail application of the appellant came up for hearing before the Sessions Judge, Fatehpur Sahib, who, without making a reference to the directions contained in the order of the Administrative Judge, dismissed the application. But, on the next day, i.e. 6.5.2003, when his attention was drawn to the order of the Administrative Judge, the Sessions Judge granted bail to the appellant. The appellant also moved an application for the release of his earth-moving machine, which was seized by the police during investigations and the same was released to the appellant on furnishing a bond in the sum of Rs. 20 lacs.
(3.) On 13.6.2003, one Usha Rani made a complaint to the Chief Justice of the Punjab & Haryana High Court, alleging mala fides on the part of the Sessions Judge, Fatehpur Saheb, in granting bail to the appellant. The Chief Justice called for the proceedings and directed that the entire matter be placed before the very same Administrative Judge on the judicial side. Thereupon, notice was issued to the appellant. The de facto complainant also entered appearance. She reiterated her allegation and sought for cancellation of bail granted to the appellant. The learned Administrative Judge held that while passing the order of bail on 6.5.2003, the Sessions Judge had not discussed the matter on merit and therefore the order dated 6.5.2003 was set aside. Aggrieved by the same the appellant has preferred the instant appeal by way of special leave.;