The District and Sessions Judge of the Shahdara courts has cancelled the bail of a murder accused, stating that “the Additional Sessions Judge (ASJ) could have never considered any other extra material other than the FIR and the status of investigation” while granting bail to the applicant.
The widow of the deceased had sought cancellation of the bail of accused Sunil Uppal, arguing that the bail order was not sustainable as the accused had influenced witnesses.
HC approached
The investigating officer of the case had informed the accused about the witnesses, yet the ASJ ignored it despite it being pointed out by her. The Judge ought not to have granted bail by recording the statement of an eyewitness as this procedure is alien to criminal jurisprudence, the petitioner’s counsel said.
The petitioner had earlier approached the Delhi High Court for cancellation of the accused’s bail but was directed to move a fresh application before the District and Sessions Judge A.S. Jayachandra for consideration.
Cancelling the bail, Sessions Judge A.S. Jayachandra said, “The recording of the statement of Kajal by the ASJ thus suffers from legal infirmity and the same is beyond the scope of law. The ASJ could have never considered any other extra material other than the FIR and the status of investigation as on the date of deciding the bail application.”
