In a recent case, the Single Judge of Allahabad High Court referred a matter to Chief Justice to pass appropriate administrative orders to regulate the procedure for placing the bail applications in POCSO and SC/ST Act cases before the courts.
In the instant case, the applicant-accused was booked for offences punishable under the Protection of Children from Sexual Offences (POCSO) Act and under the Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Act.
Contentions raised by the applicant-accused:
Learned Counsel for the applicant-accused Mr. Naved Ali referred to order dated 25.6.2020 passed in Bail No., 4018 of 2020 and order dated 11.1.2021 passed in Criminal Misc. Bail Application No. 45784 of 2020 by learned Single Judges at Lucknow and Allahabad, respectively and submitted that the order of learned Single Judge passed at Allahabad on 11.1.2021 implemented at Lucknow also.
The Counsel for the applicant argued that guidelines that have been issued by the judgment dated 11.1.2021 are for the convenience of the persons who are detained in prison under offences pertaining to POCSO and SC/ST Act. The guidelines shall bring uniformity when the bail application is placed before the court.
Observation of the Court:
A Single Judge Bench of Hon’ble Justice Mohd Faiz Alam Khan noted that Single Judge issued the guidelines referred to by the counsel at Allahabad regarding the timeline for placing bail applications before courts pertaining to crimes under SC/SCT and POCSO Act.
However, the Court opined that only the Chief Justice could pass appropriate administrative orders/guidelines for placing the bail applications before the courts.
As the matter was related to the accused’s personal liberty, the Court provided that the judgement dated 11.1.2021 passed in Criminal Misc. Bail Application No. 45784 of 2020 being placed before Hon’ble the Chief Justice adequate administrative orders in this regard may be passed by his Lordship.
The next hearing in the case will be on 02.04.2021.
Title: Sonu Singh Opposite vs State Of U.P. And Anr
Case No.: BAIL No. – 2782 of 2021
Date of Order:10.03.2021
Coram: Hon’ble Justice Mohd. Faiz Alam Khan
Counsel for the Applicant- Naved Ali