Lower courts not following bail guidelines: HC

Saurabh Malik

Tribune News Service

Chandigarh, February 26

The Punjab and Haryana High Court has asserted that the lower court is not acting in accordance with well established principals of granting bail. The assertion came after an Additional Sessions Judge (ASJ) turned down the anticipatory bail plea of an accused in a complaint case.

Taking up the matter, Justice Kuldip Singh also directed the forwarding of the order’s copy to the ASJ “for future guidance”. The development took place during the hearing of a petition filed by one Pankaj. The petition was filed after he was summoned by the court on a complaint filed for subjecting a married woman to cruelty, criminal breach of trust and criminal intimidation under Sections 498-A, 406, 506, and 34 of the IPC.

After going through the pleadings, Justice Kuldip Singh confirmed the interim bail granted to the petitioner by the HC vide its order dated December 11, last year. “Before parting with this order, it is disheartening to note that the anticipatory bail was initially filed by the petitioner before the ASJ, Rewari. The same was dismissed on August 4, 2014.

“I am of the view that the ASJ, Rewari, should not have compelled the petitioner to approach this court. It is a complaint case where only the presence of the petitioner is required but his custodial interrogation is not required. The custody of the petitioner during trial will serve no purpose.”

“Time and again, this court has been emphasising the lower court to act in accordance with well established principals for granting bail. However, this is not being followed. In the circumstances, a copy of this order be also conveyed to the ASJ for future guidance,” he added.

This is the second judgment in the recent past on issues pertaining to the courts below. Only recently, the HC made it clear that the court fees will have to be refunded in all matters ending in a compromise. The ruling by Justice Dr Bharat Bhushan Parsoon is applicable to all cases where the suit is decided by the court on the basis of a compromise and not necessarily settled in a lok adalat or through the process of mediation.