Saurabh Malik
Chandigarh, July 13
Taking cognisance of a matter where a murder case accused remained behind bars for more than three months even after the grant of bail by the Punjab and Haryana High Court, a Division Bench has rapped a judicial officer for not acting upon the order. The Bench also asked the subordinate judiciary in the two states and the Union Territory of Chandigarh to be sympathetic and considerate in the implementation of bail orders.
Making it clear that the inordinate delay in releasing applicant-appellant Stalinjit Singh on bail following the suspension of his sentence was in clear violation of the right to life and personal liberty as enshrined in Article 21 of the Constitution, the Bench of Justice Amol Rattan Singh and Justice Lalit Batra also directed the forwarding of the order’s copy to all district and session judges in the two states and the UT for “information and necessary compliance”.
The direction by the Bench has its genesis in an order passed by the High Court on April 8, vide which the applicant’s plea was allowed for suspension of the remaining sentence imposed upon him after his conviction for various offences, including the one punishable under Section 302 of the IPC.
His counsel told the Bench that only Section 302 of the IPC was referred to in the High Court order. As a result, the Magistrate concerned did not admit the applicant to bail with regard to the other offences for which he has was convicted.
The Bench observed that the judgment of conviction and order of sentence by the trial court showed that applicant-appellant Stalinjit Singh was also convicted for offences punishable under Sections 148, 307 and 323 of the IPC. The substantive long-term sentence was ‘imprisonment for life’ with Rs 25,000 fine for murder offence under Section 302.
The Bench added that the court’s intention while passing the order was actually to suspend the sentence in respect of all offences. Allowing the application, the Bench asserted that the sentence would remain suspended with regard to all offences he was convicted for and sentenced to.
Before parting with the order, the Bench added that there was no reason for the Chief Judicial Magistrate/Duty Magistrate not to act upon the High Court order. The court concerned could have sought a clarification in the case of glaring ambiguity in the High Court order. “Since an inordinate delay has occurred in the release of applicant-appellant Stalinjit Singh on bail on account of suspension of his sentence, the court concerned, which has to act upon the order, is required to be more sympathetic and considerate qua the implementation of the bail orders in letter and spirit so as to give speedier relief to the person concerned,” the Bench concluded.
Violation of right to life, personal liberty
The inordinate delay in releasing an accused on bail following the suspension of his sentence is in clear violation of the right to life and personal liberty. — HC Bench
Be sympathetic in bail matters: Punjab and Haryana High Court
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