'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought  explanation from the judge.

The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of bail imposed by the High Court, which required the deposit of Rs 20 lakh.

Justice Sureshwar Thakur said, "it is the complete unmindfulness on the part of the JMIC, Ambala qua the neccesity of compliance being made to the imperative condition as carried in the verdict supra, that pains the judicial conscience of this Court. Therefore, irrespective of the fact that the said order remains unchallenged, whereas, it is required to be challenged at the instance of the State of Haryana, yet, the judicial conscience of this Court is shocked about the manner in which the release warrants have been drawn by the JMIC, Ambala."

While seeking explanation from the judge, the Court remarked that it is complete "unmindfulness" of the judge to issue the release warrant without compliance of pre-condition imposed by the High Court.

"An explanation is elicited from the JMIC, Ambala in respect of her unmindfulness qua supra condition order becoming made in the verdict drawn by this Court...", it added.

In 2022, the High Court had granted bail to the accused in FIR lodged under Sections 406 and 420 of the IPC with a condition that he will deposit, a sum of Rs.20 lacs, in the establishment of the trial Judge.

 The trial Judge was directed to issue the release orders after compliance with the pre-condition of bail.

The Court noted that, "the learned JMIC Ambala has proceeded to make the release orders, but only after accepting the personal and surety bonds as became furnished before her by the accused supra, but remaining unmindful of the factum, that the further condition as setforth thereins, relating to the accused depositing within a period of 3 months from the date of the order (supra), a sum of Rs.20 lakhs in the establishment of the learned trial Judge concnered, thus, was also the pre-requisite compliable condition for the makings of release warrants."

Consequently the Court suo motu stayed the operation of the release order and granted last opportunity of the accused to comply with the condition.

The case is adjourned to December 13, for further consideration.

Mr. P.P. Chahar, Sr. DAG, Haryana.

Mr. Arjun Shukla, Advocate and Mr. Himanshu Mishra, Advocate for respondent No.2/complainant.

Title: SUMIT AWASTHI V/S STATE OF HARYANA

Click here to read/download the order