Accused Still Detained Despite Issuance Of Release Warrants: Delhi HC Directs District & Session Judges To Verify Status Of Cases

The Delhi High Court expressed dismay over detention of an accused even after release warrants were issued.

The Court, therefore, directed the District & Sessions Judges to examine the status of the pending cases against the accused.

The Petitioner filed a writ petition in the form of a habeas corpus, seeking directions against the Jail Superintendent to update the nominal roll. The Petitioner asserted that despite being acquitted in all 29 cases, the list before the Jail Superintendent still reflects them as pending.

“We are constrained to note that due to disputed status of cases against the petitioner, he has not been released and forced to stay behind bars”, the Bench comprising Justice Suresh Kumar Kait and Justice Shalinder Kaur observed.

“Accordingly, learned Principal District & Sessions Judge, Patiala House Courts, New Delhi and learned Principal District & Sessions Judge, Saket Court Complex, New Delhi (District South and South East both) are hereby directed to verify the status of cases against the petitioner, whether pending or disposed of; whether petitioner has been granted bail or not; the dates of the relevant orders (preferable to annex copies thereof) whereby petitioner has been granted or denied bail and if consequent to the bail, petitioner has furnished personal bond/ or surety bond; and file status report within one week”, the Bench noted.

Advocate Anannya Ghosh appeared for the Petitioner and Additional Standing Counsel Yasir Rauf Ansari appeared for the Director General of Prison.

The Petitioner filed a petition under Article 226 of the Constitution along with Section 482 Criminal Procedure Code (CrPC) seeking directions against the Jail Superintendent of Central Jail No.3 to update his nominal roll. Additionally, the Petitioner sought the production and release from illegal custody. The Petitioner contended that despite obtaining bail in most cases for non-bailable offenses, the Petitioner was not released since October 30, 2014. The Petitioner argued that he was acquitted in all 29 cases but they are still shown as pending in the list before the jail Superintendent.

The Court, in light of the highly disputed status of pending cases, had directed the Principal District & Sessions Judge at Patiala House Courts and Saket Court Complex to examine and verify the status of cases. The Judges were instructed to determine whether the cases were pending or disposed of, whether the Petitioner had been granted bail, and the dates of relevant orders.

Upon receiving the status report, the Court directed the Registry to provide a copy to the Petitioner and the concerned Jail Superintendent at least two days before the hearing. The Petitioner and the Jail Superintendent were then instructed to verify the status of cases based on the report and file their status report within a week.

Furthermore, the Court specifically instructed the Jail Superintendent to include information on cases where the Petitioner was released on bail and, if not, the reasons for it. Additionally, they were directed to communicate with other courts, including those in other states, to seek information on the status of cases against the Petitioner, especially where production warrants have been received.

The Court further added that such directions were given in response to the Petitioner's habeas corpus submission, alleging illegal detention despite being granted bail. The Court emphasized the need for clarity due to the disputed nature of the Petitioner's situation.

Accordingly, the Court listed the matter for November 28.

Cause Title: Sunil Kumar Dahiya v The Director General Of Prisons & Anr

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