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Haryana: Robbery case accused remains behind bars for 16 months despite getting bail, HC seeks explanation

The matter came to light, when the petitioner, Nishant alias Nishu, had filed his bail application before the High Court bench. The HC sought bail plea records of the accused of the lower courts.

Written by Jagpreet Singh Sandhu | Chandigarh |
July 14, 2021 4:10:48 am
Meanwhile, the HC allowed the application of petitioner to withdraw the main petition of bail plea.

An accused in a robbery case had to remain in custody for 16 months after his bail plea was denied by Sessions Court of Panchkula, though he was granted bail by the CJM (Chief Judicial Magistrate) court, Panchkula. The Punjab and Haryana High Court has now sought an explanation from the then Sessions Judge, Panchkula, concerning the matter.

The matter came to light, when the petitioner, Nishant alias Nishu, had filed his bail application before the High Court bench. The HC sought bail plea records of the accused of the lower courts.

The petitioner’s counsel, Advocate H P S Ishar, then submitted an application before the HC, contending that CJM Panchkula in order dated February 13, had allowed bail to the petitioner, Nishant, alias Nishu, however, this fact did not come to the notice of petitioner or his counsel and an application for regular bail was filed before Sessions Judge, Panchkula on September 3, 2020, which was declined vide a detailed order dated September 15, 2020.

Thereafter, the petitioner had approached the HC craving for grant of regular bail, which is listed now for September 14, 2021.

The bench of Justice HS Madaan said that a very peculiar and unusual situation has arisen. A perusal of the order passed by Chief Judicial Magistrate, Panchkula, goes to show that the order was passed in presence of petitioner, who was in custody and represented by counsel Saurabh Sharma, Advocate.

“It is very strange that neither petitioner/accused nor his counsel would come to know about the order granting regular bail to the petitioner/accused and rather learned Sessions Judge, Panchkula was approached by way of filing application for regular bail. 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 by Chief Judicial Magistrate, Panchkula”, said Justice Madaan.

The Judge noted that when the petition for regular bail was dismissed, the petitioner approached this court, and in the process, precious time of Sessions Judge, Panchkula and this court has been wasted and on his part the petitioner himself has remained behind bars for a period of more than 1 year and 4 months on account of non functioning of Courts.

“Let explanation be rendered by Subhas Mehla, the then Sessions Judge, Panchkula as to how this situation has cropped up,” said the HC bench in the order.

Meanwhile, the HC allowed the application of petitioner to withdraw the main petition of bail plea.

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