Inconsistent Covid Bail Proceedings: Punjab and Haryana HC: The Tribune India

Saurabh Malik

Tribune press service

Chandigarh, September 10

The High Court of Punjab and Haryana found inconsistency in procedure adopted by lower courts in implementing instructions issued by high-level committee on release of sub-trial on provisional bail after outbreak of Covid.

In conflict with “the scheme of the CrPC”

  • In some districts, only the courts of the judge of additional sessions / sessions received requests for provisional release.
  • On the other hand, even the magistrates of some other districts released these defendants on bail. Rather, that, Justice Gill asserted, conflicted with “the scheme of the CrPC.”

It was also ordered that the matter be brought to the attention of the chairman of the Haryana State Legal Services Authority, to consider the possibility of issuing “certain instructions” to ensure consistency.

Acting on a bail application, High Court Judge Gurvinder Singh Gill asserted that the high-level committee headed by the chairman of the Haryana State Legal Services Authority had issued certain instructions to release “certain categories of sub- trial on provisional bail ”following the spread of Covid. .

But it appeared that there was some inconsistency in the procedure adopted by courts in various districts of Punjab and Haryana in implementing the committee’s guidelines.

In expanding, Justice Gill asserted that it had been noted in some districts that only sessional courts / additional session judges considered requests for provisional bail from those accused of committing offenses tried by a court of sessions where the maximum prescribed penalty was seven years.

On the other hand, even the magistrates of some other districts released these defendants on bail following the instructions of the high-level committee. Rather, this, Justice Gill asserted, conflicted with “the scheme of the CrPC.”

The claim came in a case where an accused woman was convicted of an offense tried by the Court of Sessions. But the Pehowa Sub-Divisional Judicial Magistrate court granted provisional bail to the applicant-accused’s empty order dated June 18 on the basis of instructions issued by a high-level committee.

“As such, a copy of this order should be sent to the member secretary of the Haryana State Legal Services Committee, so that it can be brought to the attention of the Chairman of the Legal Services Authority. State of Haryana, to examine the feasibility of issuing certain directions. provisional release due to the Covid pandemic, ”said Judge Gill before separating from the case.

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