The Punjab And Haryana High Court in the case Ajit v. Punjab & Haryana High Court & Ors observed and has issued the notice to itself wherein the plea is moved of habeas corpus by the 26-years-old who has been lodged in prison following dismissal of his appeal against conviction for criminal intimidation, allegedly in the absence of a sentencing order.
The bench headed by Justice Anupinder Singh Grewal in the case observed and has issued the notice to the Joint Registrar of High Court, UT of Chandigarh and other authorities.
In the present case, the court convicted Ajit by the Chandigarh Magistrate for offences as stated under section 323, 325 and 506 of the Indian Penal Code, 1860 in 2017. Thus, he also preffered an appeal filed against the conviction and during this time his sentence was suspended.
Therefore, the court pronounced the order of dismissal on August 08, 2023 and it has been directed by the Police Officers to take Ajit into custody. It has been stated by the counsel, Vineet Kumar appearing for him that the said order has neither been uploaded nor a certified copy thereof has been supplied. It is alleged that Ajit is illegally detained as the judgement and quantum of sentence by ASJ Chandigarh is yet to be documented and supplied.
It has also been submitted by the counsel appearing for the Ajit that the quantum of sentence was never pronounced by the judge and the case status is reflecting as dismissed. It has been revealed in the bare perusal of the case status of CRA-664 that all zimni orders of the said case were uploaded, thus, the final judgement is yet to be uploaded by the session judge dated August 03, 2023.
The petition moved stated that such actions are being in clear violation of Section 363 of the Code of Criminal Procedure wherein it is stipulated that when an accused is sentenced to imprisonment.
It has allegedly been informed by the court staff that the clerk of the counsel that the judge and the judgment stenographer were on leave.
Further, the judgement and the quantum of sentence are yet to be authored and finalized.
Adding to it, the plea also stated while passing sentence without recording the judgment would be an illegality in the case Yakub Abdul Razak Memon v. State of Maharashtra of sentence are yet to be authored and finalized, stated the plea adding, passing sentence without recording the judgment would be an illegality in the case Yakub Abdul Razak Memon v. State of Maharashtra.
Accordingly, the court listed the plea for further consideration on August 28, 2023.