Wrongful confinement case: Gujarat HC rejects ex-IPS officer’s plea for exemption from surrendering

Sharma and Vasavada had moved an appeal before a sessions court. And the Sessions court had rejected the appeal on September 24. The Sessions court, however, granted them stay on conviction for 15 days to approach the HC.

However, acting on an application moved by the complainant in the case, the sessions court recently (on October 10) issued a non-bailable warrant against Sharma and Vasavada after they could not get any further stay order from the HC.

Meanwhile, Sharma and Vasavada moved revision applications in the HC in which they challenged the order of the sessions court confirming their conviction in the case. They also moved applications seeking exemption from surrendering, apart from suspension of sentence and bail.

The HC admitted their (Sharma’s and Vasavada’s) revision applications seeking to challenge the conviction. However, it rejected the applications seeking exemption from surrendering and suspension of sentence during the pendency of their revision applications.

In its order, rejecting the revision applications, the HC observed that while granting stay on the order of conviction of the two for 15 days, the sessions court “committed serious error of law” without following the mandate of the relevant section of Criminal Procedure Code (CrPC).

The court noted that the accused had remained absent before the sessions court at the time of pronouncement of the sentence.

It noted that, as per the provisions of the CrPC, once the accused is convicted and sentenced by the trial court which has been affirmed by the appellate court, the accused concerned is required to be sent to jail for execution of sentence.

The HC order also recorded, “…the Code clearly provides that if the accused is not present in the court when he is sentenced to such imprisonment as mentioned…the court shall issue a warrant for his arrest for the purpose of forwarding him to the jail.”

The HC also noted that it has been dealing with similar cases where the first appellate court “in absence of any powers available under the law” has extended time to surrender or grant time to file revision application after pronouncement of order of sentence.

It then directed the HC registry, after obtaining necessary orders from the Chief Justice on administrative side, to circulate the order among the presiding officers of courts across the state to bring to their notice “the said aspect while passing such order.”

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