New Delhi [India], November 28 : The Supreme Court has sharply criticised the conduct of an appellate court, calling its approach "appalling and shocking" while ordering the immediate release of the petitioner, namely Meenakshi, who was taken into custody in a cheque-bounce case despite suspension of sentence.
A Bench of Justice Aravind Kumar and Justice NV Anjaria said the appellate court had adopted an unjustified course by insisting on the petitioner's personal presence on every date of hearing and cancelling her bail, even though her sentence had already been suspended.
"Prima facie, the course open for the appellate court was to either appoint an amicus curiae and hear the appeal or grant the appellant time to make alternate arrangements if counsel was not assisting," the court observed.
The bench recorded that the petitioner had changed counsel multiple times, which appeared to trigger the issuance of a non-bailable warrant (NBW) by the appellate court. It also found it disturbing that the appellate court refused to accept the death certificate of the petitioner's mother and directed the concerned SHO to verify it.
The Court expressed concern about the appeal, pending for over eight years, remarking that the delay "is not justifiable on any ground whatsoever," but said it did not justify the coercive steps taken by the lower court.
The court further stated that, in view of the matter, the standing counsel appearing for the State has been
requested to take notice on behalf of the State in this matter, who was present in the Court, and he shall apprise this Court of the extant rules governing the same so as to enable this Court to lay down guidelines in this regard to avoid any such incident recurring in the future.
The petitioner was represented by Senior Advocate Vaibhav Gaggar, along with Dhruv Gautam (AOR), Dhruv Dewan, and Vansh Shrivastava. The State of Haryana was represented by Akshay Amritanshu, AOR, who accepted notice in court.
The bench took note that Meenakshi, a woman suffering from Herpes Zoster, had produced valid medical documents. "She cannot be allowed to languish in jail, particularly when her appeal is pending, and the sentence already stands suspended," the Court held while granting interim bail.
The Court directed the Superintendent of District Jail, Faridabad, to release her forthwith upon executing a self-bond of Rs 1 lakh, and asked the Registry to communicate the order immediately so it could be complied with.