Rapped by High Court over Bail Order, Judge Apologises

Less than 2 months after a Judicial officer was rapped for passing an order that didn't meet the requirement or criteria for granting anticipatory bail, the Judge apologised before the High Court of Punjab & Haryana.

“The Additional Sessions Judge (Fast Track Court), Panipat, has given an explanation that the error was committed due to a bona fide & inadvertent mistake & has also submitted his unconditional apology for the same,” Justice Arvind Singh Sangwan asserted. Accepting the apology, Justice Sangwan noted that further action was not called for.

The Bench also took note of an affidavit filed by the Panipat Superintendent of Police, stating that Section 376, read with 511 of the Indian Penal Code, on rape & another offence was deleted & Section 354 of the Indian Penal Code on outrage of modesty was added, based on the statement made by the complainant before a medical officer. She had said that rape wasn't committed, but an attempt was made.

Justice Sangwan confirmed the interim anticipatory bail granted earlier to the complainant’s brother-in-law. The case has its genesis in an FIR registered on Aug 8 for rape, criminal breach of trust, subjecting a married woman to cruelty & other offences at the Samalkha police station in Panipat.

The complainant, among other things, had alleged that her husband & in-laws were not satisfied with the dowry & had been demanding more. It was further stated in the FIR that the petitioner-brother-in-law used to harass her.

Taking up the matter, Justice Sangwan had, on the previous date of hearing, directed the judicial officer to submit an explanation as to how the main accused-husband was granted bail without reference to the allegations of entrustment & demand of dowry against him, while observing that the allegation of attempt to rape wasn't against him. 

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