Durga Mahto vs State Of Jharkhand

Reference may be made to the order dated 11th October, 2019, which reads as under:

“Mr. Rajeeva Sharma, learned Sr. counsel for the appellant, submits that though the appellant was granted provisional bail by this Court

vide order dated 28.09.2019 to attend the last rites of his daughter, yet he could not be released from the judicial custody by the concerned

Court below as according to his information, the said order of this Court was communicated to the concerned Court below on 04.10.2019 i.e.

the date on which the appellant was to surrender before the concerned Court below after being released on provisional bail.

On perusal of the note of the concerned Dealing Assistant, it appears that the order dated 28.09.2019 passed by this Court was

communicated to the learned Additional Sessions Judge-XV, Dhanbad on 28.09.2019 itself.

Hence, let the reports be called from the Registrar Establishment of this Court as well as from the Principal District & Sessions Judge,

Dhanbad in this regard.

The said report must be submitted within a period of six weeks.

Put up this case along with the said reports after six weeks under the heading ‘Orders’.â€​

Subsequently, vide order dated 13th December, 2019, the Registrar (Estab.) of this Court was directed to submit additional report bringing on record

the proof in support of the statement made in the explanation dated 25th October, 2019 submitted by the Section Officer and the concerned Assistant

of the Criminal Appeal Section that the file of this case was received in the said Section on 28th September, 2019 after 5:30 p.m. Thereafter, an

additional report has been submitted by the Registrar (Establishment) of this Court.

The fact remains that despite provisional bail granted to the appellant vide order dated 28th September, 2019, he could not be released from the judicial

custody due to the reason that the same was not communicated in time.

Perused the reports submitted by the Principal District & Sessions Judge, Dhanbad and the Registrar (Establishment) of this Court. On careful perusal

of the same, it appears that had the order dated 28th September, 2019 been communicated to the Civil Court, Dhanbad in the forenoon of 30th

September, 2019, this situation would not have arisen. There also appears to be some lapses in not placing the aforesaid order before the Presiding

Officer of the concerned court below on 3rd October, 2019 itself. Thus, I am not fully satisfied with the explanations submitted by the concerned

officer(s)/ official(s) of this Court as well as the Civil Court, Dhanbad.

However, considering the fact that earlier no such lapse on the part of the officer(s)/official(s) of this Court has been brought to the notice of this

Court, I do not intend to proceed further in the matter. Nonetheless, it is observed that all the officer(s)/ official(s), who was/were involved in

communicating/ executing the order dated 28th September, 2019 passed by this Court in the present appeal must be careful in future and if any such

lapse is found on his/her/their part in future, the same is required to be dealt with strictly.

The Assistant Registrar, Section Officer and dealing Assistant of the concerned Section must see the nature of the orders required to be

communicated to the concerned court below, the moment the orders are received in the Section, and to give priority to those which are most urgent in

nature.

The concerned officer(s)/official(s) of this Court should be fixed with the responsibility individually, if any lapse is found on his/her/their part and

he/she/they should immediately be removed from the concerned Section and a disciplinary proceeding should be initiated against him/her/them, as any

casual approach by the concerned officer(s)/official(s) of the registry intervenes the process of justice delivery system.

With the aforesaid observation and direction, the present issue is hereby closed.

Let this order be circulated to all Sections of the Registry of this Court.

Put up this case in usual course under appropriate heading.