tiger_tiger (student) 15 September 2011

How much time it takes in high court b'coz order is reserved

Hi,

I just want to know that how much a regular bail order can be kept under reserved in Punjab and Haryana High Court. In the last hearing, Order is reserved and no date is given by the judge that by this date the order will be given.

Its been 16 days now that a regular bail order is under reserved by a judge. How much time can he take?

Can't my lawyer just follow up with the jugde or reader? Has the judge forgotten that there is decision pending at his end?

I'm asking this because a person is in prision since jan 2011 under the section IPC 420, 467, 120B for property dispute case. Police challan has been presented in the trial court against him in april 2011. Charges have been framed against him in trial court in may 2011. All the arrest have been done way back long in june 2011. Since more than 8months he is in judicial custody.

Civil suit is also going on in the trial court. We have appealed in the session court against framed charges but rejected and now we are moving to high court against the framed charges for that person b'coz he is totally innocent.

How much scope he has? Because the person is the bonafied purchaser and in the last hearing this thing has been cleared to the judge. But still the order is reserved and decision is taking too much time to come up.

Any idea

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 15 September 2011

Frankly speaking there is no any idea. The Judges Accountabiliy Act shall only eradicate such problems. It is too harsh to keep a bonafide purchaser behind bars since such long time. I advise no tot go against the framing of charges rather let the trial commence and if your client is innocent, he shall come out with full dignity. Trial of an accused behind bar is completed preferenially.

tiger_tiger (student) 15 September 2011

Originally posted by :raj kumar makkad
"	Frankly speaking there is no any idea. The Judges Accountabiliy Act shall only eradicate such problems. It is too harsh to keep a bonafide purchaser behind bars since such long time. I advise no tot go against the framing of charges rather let the trial commence and if your client is innocent, he shall come out with full dignity. Trial of an accused behind bar is completed preferenially.	"

Thank u sir. As a layman, i have doubt. Can I here go for quashing of FIR because its totally mentally torture courts, cases and all and that too with out any involvement.

Also pls answer my above question .i.e order reserve time.

thanks in advance

Sanjeev Kuchhal (Publishers) 17 September 2011

Sir, in the case of Khemlo Sakharam Sawant Vs. State (2002 (2) LJSOFT 56), on the issue of reserving bail orders the Goa Bench of Bombay High Court held that:

"There was no valid reason for the Sessions Court to reserve the judgment in this matter and in any case having notified the date for orders as 4th May, 2001 , it was totally inappropriate to adjourn the matter to 5th May, 2001 to pronounce the order impugned in the present application running into only 11 pages. The approach of the Sessions Court obviously is inappropriate, particularly when the matter concerns liberty of any person much less a citizen. "