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Panchkula: Robbery accused kept in jail for 16 months despite bail
The Punjab and Haryana high court has sought explanation from a former Panchkula district and sessions judge about circumstances under which a robbery accused granted bail 16 months back had to remain in jail
The Punjab and Haryana high court has sought explanation from a former Panchkula district and sessions judge about circumstances under which a robbery accused granted bail 16 months back had to remain in jail.
The petitioner, Nishant, was booked in a robbery case in Panchkula on May 6, 2019. He approached the trial court and secured bail from the chief judicial magistrate (CJM), Panchkula, on February 13, 2020.
However, this fact did not come to Nishant’s or his counsel’s notice, and he moved another bail plea before the sessions judge, Panchkula, on September 3, 2020, which was declined on September 15. It was against this order that he had moved the high court on October 26.
The matter came to light in court when the accused filed a plea to advance the hearing, which was listed for September 14 this year.
“It is very surprising that without verifying and going through the order passed by chief judicial magistrate, Panchkula, learned sessions judge, Panchkula, proceeded to dispose of the application for regular bail when it should not have been done as bail had already been granted to the petitioner,” justice HS Madaan observed, further lamenting that neither the counsel appearing for the petitioner nor the public prosecutor brought this fact to the notice of the sessions judge.
It was incumbent upon the police authorities to assist the court properly and intimate it with regard to the order passed by the CJM, the high court said.
‘Fix responsibility of persons at fault’
Another fact that came to light was that the reply to the bail application before the sessions judge was filed by the prosecution. Also the CJM order was passed in presence of the accused, who was in custody, and his counsel, but surprisingly they didn’t come to know about the grant of bail and approached the sessions court.
Justice Madaan observed that in the process, precious time of the sessions judge and high court has been wasted, and the accused has remained behind bars for more than 16 months on account of non-functioning of courts.
The court has now sought explanation from Subhas Mehla, the then sessions judge, as to how this situation arose. The state’s counsel was also directed to bring this order to the notice of director, prosecution, Haryana, and director general of police, Haryana, so that responsibility of the persons at fault could be fixed and necessary action taken against them. The explanation has been sought by August 12.
