Coming to the case at hand, the Court noted that the petitioner was arrested for cheating under Section 420 of IPC. He was granted bail by the High Court subject to payment of an amount. Upon his failure to pay the amount, the High Court recalled its order granting bail and ordered the petitioner to surrender. An application to recall that order came to be dismissed which came to be challenged in before the Supreme Court through the instant petition.
“A Special Leave Petition was filed against the above referred order. Along with it an application for exemption from surrendering is also filed. The advocate should have known that such an application was totally unnecessary,” the Court noted.
Despite the same, the chamber judge had issued notice and asked the petitioner to remit the balance amount within four weeks failing which the application for surrendering will be dismissed without reference to the Court.
Since the amount was not deposited, it was assumed that the application stood dismissed without reference to the Court.
The present application was, therefore, filed for restoration of the same.
“All this happened when there is no mandate in law to seek an exemption from surrendering at all. The Constitutional remedy under Article 136 is available to the petitioner without surrendering as this is not a case where the accused is ‘sentenced’,” the Court underscored.
Since there was never a need to file the application for exemption from surrendering, the Court recalled the order directing dismissal of the application for exemption from surrendering.
It then proceeded to direct the case to be listed before the Regular Bench for admission and disposal.
Source: Barandbench
