 NEW DELHI, Nov 6:
Agencies
The Delhi High Court on Monday directed surrender of Sikh leader and former President of Jammu and Kashmir State Gurdwara Parbandhak Board, Sudershan Singh Wazir, in relation to the murder case of former National Conference MLC Trilochan Singh Wazir in September 2021.
Justice Anish Dayal allowed the application filed by the prosecution seeking surrender of Sudershan Singh Wazir, who was released in October last year.
Sudershan Singh Wazir, along with other co accused Balbir Singh, Harpreet Singh Khalsa and Rajinder Chaudhary, were discharged from all the offences on October 26, 2023. Murder charges were framed against accused Harmeet Singh.
On the appeal moved by the prosecution, the next day, the operation of the impugned order was stayed. While Harpreet Singh Khalsa, Rajender Chaudhary and Balbir Singh were still in judicial custody at the time when the stay order was passed, Sudershan Singh Wazir was already released on the night of October 20 last year.
An application was then moved by the State contending that because of the ex-parte interim directions passed on the first date of hearing, the position relegated back to as it was, before the passing of the impugned judgment by the Trial Court.
It was submitted that while accused Harpreet Singh Khalsa, Rajender Chaudhary and Balbir Singh were still in judicial custody, Sudershan Singh Wazir had been released. Accordingly, directions were sought for his surrender.
“I “The situation was not akin to an acquittal, where in an appeal, where two views are possible, the view taken by the Trial Court should not be disturbed.”
It added that Sudershan Singh Wazir was obliged to be taken into custody and could not avail the benefit of a discharge order, the operation of which, had been stayed.
“Not securing the custody of respondent No. 4, would amount to the stay order granted by this Court, being ineffective, of no consequence, and bereft of any teeth. This, the Court, cannot countenance. Thus, considering the stay order dated 21st October 2023 passed by this Court, respondent No. 4 continuing to avail the benefits of the impugned discharge order, would be illegal, invalid, and infirm,” the Court said.
Justice Dayal further said that the situation was not akin to an acquittal, where in an appeal, where two views are possible, the view taken by the Trial Court should not be disturbed.
“However, once the appeals are filed, the powers of the Appellate Court get triggered in that either the
Appellate Court decides to ensure the presence of the accused by having them submit bail bonds and sureties, or otherwise exercise the powers under Section 390 Cr.P.C,” the Court said.
It said Sudershan Singh Wazir was not precluded from seeking bail before the Trial Court, which would be considered in accordance with law, on its own merits. |
