Repeated filing of bail pleas sets bad precedent: J&K HC

TNN Bureau. Updated: 1/1/2018 11:55:47 PM

JAMMU: In a bail application filed by Rajesh Pandoh, who was allegedly involved in murder case, the Jammu & Kashmir High Court today maintained that repeated filing of bail applications without there being any change in circumstances leads to bad precedents. While rejecting the bail application after hearing Sr. Advocate Sunil Sethi with Adv. Vaibhav Gupta for the applicant, whereas Deputy AG Sanjeev Padha for the State, Justice M. K. Hanjura of J&K High Court, Jammu Wing, observed that before parting, in an apparent digression, various circulars have been passed by J&K High Court for speedy disposal of cases involving under trial prisoners and others, which appear to have been violated with impunity. “One gets dismayed to see such a state of affairs. The Circular dated 30.05.2013 directed all the Principal and Additional District Judges to decide and dispose of all the cases of under trials where the charge sheets/ challans have been field on or before 31.12.2010 by 31.12.2013. There are other circulars also and the learned trial Judges dealing with this case have not complied with the terms of these circulars, which have been followed in breach.” “The High Court has to evolve some mechanism to keep itself abressed of the work done by each Judicial Officer in light of the circulars on the subject. Without exerting the checks, balances and the control, these circulars will remain mere pieces of papers. The work of each Judicial Officer is required to be monitored by the High Court and the Trial Judges should be asked to spell out the reasons in not following these circulars both in vigor and rigor,” the Court observed, adding, “Right to speedy trial is a fundamental right available to the accused. The fate of an accused can’t be kept hanging on the absolute discretion of Trial judge. The cases relating to the under-trial prisoners have to be treated and categorized as priority sector litigations.”

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