Hon’ble Delhi High Court while dealing with a petition here on 26-03-2019 in the case of “ANIL KUMAR SINGH @SUNNY v. STATE THROUGH SHO P.S. NABI KARIM, DELHI” stated that petitioner cannot be penalised for non-production of the petitioner by the concerned Jail Superintendent despite issuance of production warrants.

BRIEF FACTS OF THE CASE

The petitioner was enlarged on bail on 30.03.2007 and continued on bail till his bail was cancelled by order dated 12.12.2018. The bail of the petitioner was cancelled solely on the ground that the matter pertained to the year 2007 and was adjourned on certain occasions as the petitioner was not produced by the Jail Authorities in Lucknow where the petitioner was incarcerated in another case.

Thus, this petition was filed seeks regular bail in FIR No.31/2007 under Sections 386/380/392/419/34 IPC, Police Station Nabi Karim.

DECISION OF THE COURT

Hon’ble Court held that petitioner cannot be penalised for non-production of the petitioner by the concerned Jail Superintendent despite issuance of production warrants.

Court further stated that the mere fact that the case is one of the oldest cases pending in the Court falling in the category of more than 10 years, can be no ground to cancel the bail and to incarcerate the petitioner specially when there is no fault of the petitioner.

Thus, the petition was allowed.

Read the full Judgement Here-

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