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SC grants bail to an ailing accused, but his freedom remains elusive, because one Judge could not sign the order

LiveLaw Research Team
21 Jun 2016 8:26 AM GMT
SC grants bail to an ailing accused, but his freedom remains elusive, because one Judge could not sign the order
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Update; Today Evening the signed Order has been uploaded on the website; Read the update here

In a bizarre case, the Supreme Court's vacation bench comprising Justices Adarsh Kumar Goel and L Nageswara Rao, had on 17 June granted bail to an accused under custody in Jharkhand since 9 November last year, but could not ensure his freedom till the court's reopening on 29 June. The accused, Pushpendra Kumar Sinha, is reportedly suffering from several ailments.

The Court's vacation bench comprising Justices Shiva Kirti Singh and AM Khanwilkar, today pleaded its helplessness to the counsel of the accused, Pranav Sachdeva, because one of the Judges on the bench which granted the bail, could not sign the order, before he left Delhi.

Sources told LiveLaw that while Justice Goel signed the order granting bail, Justice Rao could not, before he left Delhi.

Today, as Sachdeva mentioned the matter before the Vacation bench, Justice Shiva Kirti Singh told the counsel: "We can't help; we can't sign. We are sorry. All our sympathies are with you. Unfortunately, you have to wait till the vacation is over."

When the bench asked what the Supreme Court rules say, it was told that both the Judges must sign.

When the counsel asked whether he could mention it again tomorrow, the bench pleaded its helplessness in the matter.

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