Vacation Judge Can Grant Bail, Pass ‘Interim Orders’ Regarding Stay, Injunction But Can’t Dispose Of Cases On Merits: Patna High Court

The Patna High Court ruled that a vacation judge cannot decide and dispose of a case, other than bail applications, on merits. Observing thus, the Bench of Justice Chakradhari Sharan Singh said, “A vacation judge may grant bail in criminal matters and pass ‘interim orders’ only regarding stay, injunction and other reliefs in such other matters, civil or under the Constitution ‘as he may consider emergent’ but cannot decide and dispose of a case, other than bail applications, on merits.” Taking into account the language of Rule 4 of Chapter II of the Patna High Court Rules, 1916, the Bench noted that a Single Judge, while acting in long vacation as a vacation judge may:
• Issue notice or Rule, as the case may be, in any criminal matter, and in such other matters, civil or under the Constitution ‘as he may consider emergent’, and
• Pass interim orders regarding stay, injunction, bail and other reliefs, as may be deemed fit.