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Show Sensitivity In Blatant Detention Matters: P & H HC Tells Sessions Courts [Read Order]

Akshita Saxena
29 Jun 2020 8:04 AM GMT
Show Sensitivity In Blatant Detention Matters: P & H HC Tells Sessions Courts [Read Order]
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The Punjab and Haryana High Court has asked the lower courts in the two states to be "sensitive" in matters relating freedom of accused involving decision as to bail and/ or remand.

The single bench of Justice GS Sandhawalia said that the Sessions Court should be more sensitive to the accused who approach the District Judiciary for their "freedom" and who are "unnecessarily forced" to approach the High Court.

The observations have come in a "surprising" case whereby the Additional Sessions Judge, Yamuna Nagar refused to allow the bail application of the Petitioner, Mandeep Singh, despite noting that he had not been specifically named in the FIR.

The FIR was lodged in the Chhappar Police Station for alleged firing on the complainant's house. Admittedly, as per the FIR itself, the complainant had not seen anyone open fire at his house and only heard the sound of loud noise. On the basis of suspicion three persons had been named in the FIR and the petitioner was not one of them.

The Petitioner was arrested only on account of "disclosure statements" recorded by the Investigating Officer.

Even after taking note of these facts, the ASJ refused the Petitioner's application for regular bail and observed that veracity of the allegations levelled against the petitioner could be examined only after conclusion of the trial.

Expressing surprise over this inconsiderate approach Justice Sandhawalia said,

"the reasons given by the Additional Sessions Judge are not justified in the facts and circumstances. The Court has failed to take into consideration that the petitioner has been detained as such on a disclosure statement which may not stand the scrutiny in the Court of law."

The court noted that the ASJ had discouraged the investigating officer for "overstepping" his jurisdiction in his "keenness to solve the crime" however, she did not show any sensitivity to the Petitioner herein.

The bench therefore remarked,

"It is hoped that in such blatant detention matters also the Sessions Court would be more sensitive to the accused who approach the District Judiciary for their freedom and who are unnecessarily forced to approach the High Court on account of lack of exercise of jurisdiction, even in valid cases, which is coming to the notice of this Court time and again," and allowed the bail application.

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