Punjab & Haryana High Court Sends Notice Regarding Habeas Corpus Petition Claiming Individual Convicted and Detained Without Issued Sentencing Order
Ajit
Vs.
Punjab & Haryana HC
CRWP-8277-2023
Coram HON’BLE MR. JUSTICE JAGMOHAN BANSAL
DATE: 21.08.2023
FACTS:
In 2017, Chandigarh Magistrate found Ajit guilty of violating Sections 323, 325, and 506 of the IPC, resulting in his conviction. Ajit appealed against this verdict, and during the appeal process, his sentence was put on hold. Later, on August 08, an oral order was given to dismiss the appeal, and law enforcement officers were instructed to arrest Ajit. His lawyer, Vineet Kumar, pointed out that this order hasn’t been uploaded online, nor has an authorized copy been provided. There are claims that Ajit is being held in custody without proper legal basis because the detailed judgment and the specific duration of his sentence from the ASJ Chandigarh haven’t been formally documented and given.
COURT ANALYSIS AND DECISION:
The petition argues that these actions blatantly disregard Section 363 of the CrPC, which mandates that when a person is sentenced to imprisonment, they must receive a complimentary copy of the judgment right after it’s announced. The court has taken notice of the habeas corpus petition presented by a 26-year-old, who has been incarcerated after his appeal against a conviction for criminal intimidation was rejected, purportedly due to the absence of a sentencing directive. Justice Anupinder Singh Grewal’s panel has self-issued a notice and directed it to the Joint Registrar of the High Court, Union Territory of Chandigarh, and other relevant authorities.
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Written by- Srijan Garg