Delhi court sets aside magistrate order punishing accused for delay in furnishing bail bonds
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The court of Principal District & Sessions Judge, South-West, Dwarka Courts, Anju Bajaj Chandna, noted that such a sentence is not contemplated in law. The court also advised the judicial officer concerned to properly read and understand the legal provisions before using his discretionary powers.
"Without hearing, petitioners (accused) were asked to stand in the court till the rising of the court with their hands straight in the air.
This kind of sentence is not contemplated in law," said the court.
The order in question was passed by the court of Judicial Magistrate First Class Saurabh Goyal in a criminal appeal (later treated as revision) filed by two accused, Kuldeep and Rakesh, challenging their conviction under Section 228 IPC (Intentional insult or interruption to public servant sitting in judicial proceeding) and the punishment imposed by the magistrate court.
Referring to Article 21 of the Constitution of India, Sessions Judge observed that the fundamental right to personal liberty can only be curtailed by a procedure established by law.
"The object of law is to ensure that basic human rights are not violated. The judges are duty-bound to safeguard basic and natural rights meant for a dignified existence of individuals. Every person appearing before the court (even if involved in crime) has the inalienable right to live with dignity and is entitled to equal respect.
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It is the duty of the court to ensure that no person can be detained without proper legal justification or without following due process of law," the court said.
The court also said that the concerned magistrate failed to note that new criminal laws came into effect on July 1, 2024, and that the proceedings conducted by the magistrate under the IPC were an incorrect application of law.
The accused submitted before Sessions court that the punishment amounted to a gross misuse of the process of law and that they were convicted without being given an opportunity to show cause.
The Sessions court noted that the complaint in question was pending before the magistrate and that on January 20, 2025, the accused were granted bail with directions to furnish personal and surety bonds.
The matter was adjourned multiple times thereafter, and on May 6, 2025, they were again directed to furnish bail bonds with a warning that default would attract a cost of Rs 10,000.
The court observed that the order of the concerned magistrate did not qualify the test of legality and propriety as, the court noted, non-furnishing of bail bonds by the accused persons cannot be termed as a contemptuous act by any stretch of interpretation.
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