Process for giving bail due to Covid inconsistent: Punjab and Haryana HC

Saurabh Malik

Tribune News Service

Chandigarh, September 10

The Punjab and Haryana High Court has found inconsistency in the procedure being adopted by the courts below in implementing the instructions issued by a high-powered committee on releasing undertrials on interim bail following the outbreak of Covid.

In conflict with ‘the scheme of CrPC’

• In some districts, only the courts of Sessions/Additional Sessions Judge were entertaining interim bail applications.
• On the other hand, even the Magistrates in some other districts were releasing such accused on bail. This, Justice Gill asserted, was rather in conflict with “the scheme of CrPC”.

The matter was also ordered to be brought to the notice of the Chairman, Haryana State Legal Services Authority, to examine the feasibility of issuing “some instructions” to bring about consistency.

Acting on a bail plea, Justice Gurvinder Singh Gill of the High Court asserted the high-powered committee headed by the Chairman, Haryana State Legal Services Authority, issued certain instructions for releasing “certain categories of undertrials on interim bail” following the spread of Covid.

But it appeared there was some inconsistency in the procedure adopted by the courts in various districts of Punjab and Haryana in implementation of the committee directions.

Elaborating, Justice Gill asserted it was noticed in some districts that only the courts of Sessions/Additional Sessions Judge were entertaining the applications for releasing persons on interim bail accused of committing offences triable by a Court of Sessions where the maximum prescribed sentence was up to seven years.

On the other hand, even the Magistrates in some other districts were releasing such accused on bail following the high-powered committee instructions. This, Justice Gill asserted, was rather in conflict with “the scheme of CrPC”.

The assertion came in a case where a woman-accused was booked for an offence triable by the Court of Sessions. But the court of Pehowa Sub-Divisional Judicial Magistrate granted interim bail to the petitioner-accused vide order dated June 18 on the basis of the directions issued by high-powered committee.

“As such, a copy of this order be sent to the Member Secretary, Haryana State Legal Services Committee, so that the same may be brought to the notice of Chairman, Haryana State Legal Services Authority, to examine the feasibility of issuance of some instructions so as to bring about consistency in the procedure being adopted by the courts below as regards implementation of instructions pertaining to release on interim bail on account of Covid pandemic,” Justice Gill asserted before parting with the case.

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