High court seeks explanation from judicial magistrate

The Punjab and Haryana High Court has sought an explanation from an Ambala Judicial Magistrate, First Class, (JMIC) over “unmindfulness” regarding compliance of a key condition in its bail order. Expressing shock over the non-compliance, Justice Sureshwar Thakur of the High Court also stayed the operation of the release orders issued by the judicial officer.

Justice Thakur observed that the JMIC proceeded to accept personal and surety bonds furnished by the accused in a cheating and criminal breach of trust case under Sections 406 and 420 of the IPC without verifying compliance with the monetary condition, which made the deposit of Rs 20 lakh within three months a pre-condition for bail.

“It is the complete unmindfulness on the part of the JMIC, Ambala, qua the necessity of compliance with the imperative condition as carried in the HC’s verdict, that pains the judicial conscience of this court,” Justice Thakur asserted.

The court further stated that its judicial conscience was rather shocked regarding the manner in which the release warrants were drawn by the JMIC, irrespective of the fact that the order remained unchallenged, though it was “required to be challenged at the instance of the state of Haryana.”

Going into the background of the matter, Justice Thakur observed that the court granted the concession of regular bail to the accused on July 20, 2022, in the case registered with Mahesh Nagar police station in Ambala, but with a rider. The trial Judge concerned was directed to issue the release orders subject to the compliance with the monetary condition.

Justice Thakur asserted: “It appears that the JMIC, Ambala, has proceeded to make the release orders, but only after accepting the personal and surety bonds as furnished before her by the accused remaining unmindful of the factum that the further condition set forth relating to the accused depositing within a period of three months from the date of the order a sum of Rs 20 lakh was also the pre-requisite compliable condition. Furthermore, it appears that the release warrants remained unexecuted as detailed in the compliance report furnished by the State of Haryana, that the accused is suffering incarceration in multiple FIRs”.

Justice Thakur also granted last opportunity to the accused to ensure compliance, while suo motu staying operation of the release order.