According to a previous order, the applicant was directed to be released on interim bail with two armed guards accompanying him. The expenses of the guards for the bail period were to be borne by the applicant-convict, but the concerned authorities had charged excessively and the same was challenged through the current application.
In the application, the Division Bench of this court noted that Police escort is meant for dealing with people jumping bail even after furnishing bonds and the charges for the same cannot be exorbitant.
Brief Facts:
Through an order made on CRM-4604-2023, this court had given the directions according to which the convict was supposed to go for an interim bail for his wife’s pregnancy and two armed guards were to accompany him. The expenses of the travel as well as for boarding and lodging of the armed guards were to be borne by the convict. The current application has been instituted by the applicant (convict) disclosing the expenses which had been computed by the respondents for enforcing the above-mentioned order.
Observations of the court:
The Hon’ble Court had asked the state counsel to place on record the relevant Rules and Instructions within which the said calculation had been made. The same was placed before the Court and it was noted that the instructions are related to charges that are imposed and recovered from institutions, and private persons when police security personnel are supplied to them as per their requests. These charges are applicable only upon appropriate requisitions, which was not the case in the situation at hand.
Then the court noted that there have been many cases when even after furnishing heavy amounts of personal and surety bonds the person jumps the bail, therefore, to tackle this the above-mentioned order was made. It was made to assist the courts of law in the administration of justice. And the same is a legal duty of the police agencies, which they cannot avoid by imposing exorbitant expenses.
That order was also made, keeping in mind that it was a grave emergency and the applicant’s personal liberty must be ensured. The court noted that the respondents had levied charges, which were excessive and exorbitant, and completely non-applicable to the prisoner.
Judgment of the Court:
The application was allowed and the previous order was directed to be enforced. However, the court directed that the actual expenses incurred must be enforced and the concerned respondents were directed to evolve a mechanism directly relating to the situation at hand.
Case Title: Tarif Hussain v. State of Haryana
Coram: Justice Sureshwar Thakur and Justice Kuldeep Tiwari
Case No.: CRM-10377-2023 IN , CRM-4604-2023 IN , CRA-D-1048-2022
Advocate for the Applicant: Mr. R.S. Dhull, Advocate
Advocate for the Respondent: Mr. Raman Sharma, Addl. A.G. Haryana
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