The Punjab and Haryana High Court has recently sought an explanation from the sessions judge of Sirsa, Haryana as when a similar petition was pending before the High Court, how did he entertain and decide the petition for regular bail of an accused booked under the NDPS Act.
A single-judge bench of Justice H. S. Madaan passed this order while hearing a petition filed by G.Hemavathy for advancing the date of hearing from July 6, and for permission to withdraw the main petition for regular bail since the application is being taken up on the same day itself.
The reason for the withdrawal of the main petition is that petitioner has been granted a concession for regular bail by Sessions Judge, Sirsa vide order dated June 28, 2021. It is very strange that the petitioner was availing of remedy in two courts simultaneously, before the High Court as well as before Sessions Judge, Sirsa. A perusal of the order goes on to show that the petition was filed on June 25 and decided on June 28 whereas the petition was filed in High Court on May 6.
The Court asked for an explanation from the Sessions Judge, Sirsa as to how did he entertain and decide petition for regular bail when a similar petition was pending before the Court.
“He is further to report whether the pendency of the petition before the Court was brought to his notice by Naveen Kumar, Public Prosecutor representing the State or by the concerned police officer,” said the Court.
The Court also sought an explanation from Sessions Judge, Sirsa to how he has released the accused on bail without considering the bar of Section 37 of the NDPS Act. The Court directed Karan Garg, AAG, Haryana to convey the entire matter to notice of Director Prosecution, Panchkula (Haryana) as well as Director-General of Police, Haryana, Chandigarh so that the necessary action is taken against the official at fault. After doing the needful, the state counsel shall intimate in writing in that regard. Report from the Sessions Judge, Sirsa be called for July 22, 2021.
“The Registry shall place the report so received from Sessions Judge, Sirsa, and the written intimation from Karan Garg, AAG, Haryana before the Court by July 30, 2021. The petition is dismissed as withdrawn. The Registry is directed to put up the case on the date fixed,” the Court ordered.