Tribune Information Service

Saurabh Malik

Chandigarh, January 29

The Punjab and Haryana Excessive Courtroom has asserted {that a} Panchkula Judicial Justice of the Peace proceeded in “sizzling haste”, in a slipshod method, and “clearly with out software of thoughts”. Justice Sureshwar Thakur added the Justice of the Peace proceeded to order initiation of coercive course of in opposition to an accused, which resulted in untenable curtailment and fettering of his private liberty.

What Excessive Courtroom Justice noticed

Consequently, the trial Decide involved couldn’t have proceeded to make an order for cancellation of bail granted to the applicant, merely for his purportedly breaching the situation. — Justice Sureshwar Thakur

The matter was positioned earlier than Justice Thakur after the accused challenged the initiation of coercive course of in opposition to him. Going into the background of the matter, Justice Thakur noticed an software filed by the petitioner for anticipatory bail earlier than Panchkula Classes Decide was allowed. He had moved the Courtroom following the registration of a dishonest and legal conspiracy case in September 2009 below Sections 409, 420, and 120-B of the IPC on the State Vigilance Bureau police station, Panchkula.

Referring to the order, Justice Thakur additional noticed its perusal disclosed that “there was no imposition of any situation upon the bail applicant to file his private look earlier than the trial Decide involved”.

“Consequently, the trial Decide involved couldn’t have proceeded to make an order for cancellation of bail granted to the bail applicant, merely for his purportedly breaching the situation,” Justice Thakur additional noticed.

In his detailed order, Justice Thakur added the jurisdiction to order initiation of coercive course of in opposition to the bail applicant solitary vested with the Courtroom granting bail — the Courtroom of Panchkula Classes Decide, even when the situation was purportedly breached and assumingly that the prosecution or the Courtroom involved deemed it match to provoke the measures for guaranteeing his private look. The jurisdiction didn’t vest with the “committal Courtroom” involved.

Justice Thakur added it was clearly discernible from the orders appended with the petition that summons issued to the petitioner for recording his private look earlier than the Judicial Justice of the Peace involved “didn’t consequence of their changing into validly executed or served upon him”.

Justice Thakur added: “The Judicial Justice of the Peace involved, with out awaiting legitimate service being effected upon accused, quite in a sizzling haste and in a slipshod method and clearly with out software of thoughts proceeded to order initiation of coercive course of in opposition to the petitioner… It’s required to be undone”.

Justice Thakur additionally quashed and put aside the impugned order dated October 7, 2021. “The executing company is directed to not execute the non-bailable warrants. The NBWs, if not issued, be not issued in opposition to the petitioner,” the Bench concluded.



Supply hyperlink