The Delhi High Court has criticized a District Judge for refusing to accept the bail bond of an accused on the ground that the soft copy of the HC bail order produced by him was not authenticated.
This came in a plea moved under section 482 of the Criminal Procedure Code challenging the order of the District Judge who refused to accept the bail bond of the Appellant on the ground that the High Court order produced by him is not an authenticated copy.
The Appellant had produced that copy of the order before the District Judge which he had downloaded from the official website of the Delhi High Court.
While quashing the order of the District Judge, the Single Bench of Justice Prathiba M Singh noted that:
"During the lockdown period and even otherwise, it is a matter of common knowledge that orders are uploaded on the official website of the Delhi High Court. The same is easily verifiable by anyone including the Ld. District Judge in this case"
The court further highlighted that the Registry always communicates the bail orders passed by the High Court to the concerned Jail Superintendent. Therefore, if the District Judge had any doubt as to the authenticity of the order, the same could have been also easily confirmed from the Judicial Branch of the Delhi High Court.
"To turn down a party who has been given bail and refuse to release him on this specious plea is completely unacceptable", the court said.
Therefore, the court ordered for the Appellant to be released on interim bail for a period of 30 days from date of release, on furnishing a personal bond to the tune of Rs.1 lakh to the satisfaction of the Jail Superintendent, Tihar Jail No.7.
Click here to download order