Case title – G.Hemavathy v. State of Haryana
The Punjab and Haryana High Court on Tuesday looked for a clarification from the sessions judge of Sirsa, Haryana regarding how could he engage and choose the request for customary bail of an Accused booked under the NDPS act, when a comparable appeal was forthcoming under the steady gaze of the High Court.
The bench of Justice H. S. Madaan has additionally looked for the Judge’s answer on whether the pendency of the request under the steady gaze of this Court was brought to his notification by the Public Prosecutor addressing the State or by the concerned cop.
The Court was hearing a bail supplication recorded by a denounced G Hemavathy (presently looking for withdrawal of request), booked for a situation under section 21 (c) of NDPS Act. The justification the withdrawal of the principal request was that applicant had been allowed the concession for normal bail by Sessions Judge, Sirsa vide request dated June 26, 2021.
The Court described it as “strange” that he was seeking relief in two courts at the same time, the High Court and the Sessions Judge in Sirsa. The appeal was recorded under the steady gaze of the Lower Court on June 25, 2021 and settled on June 26, 2021 though the request under the steady gaze of the High Court was documented on May 6, 2021.
The Court has additionally coordinated the Sessions Judge, Sirsa to clarify how he delivered the denounced-on bail without considering the bar of Section 37 of the NDPS Act. The report from the Sessions Judge, Sirsa has been called for July 22, 2021.
The Haryana AAG has been ordered to forward the entire incident to the Attorney General Panchkula (Haryana) and the Chief of the Police Department of Chandigarh Haryana to take the necessary actions against the guilty officials.
The Registry has been directed to file the report received from the Sessions Judge of Sirsa, as well as the written intimation from the Attorney General of Haryana, with the Court by July 30, 2021. As a result, the bail petition was deemed withdrawn and dismissed.
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