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Judgment
The grievance of the applicant in this application, which has been filed invoking the jurisdiction under Section 15 of the Armed Forces Tribunal Act,
2007, is with regard to his custody under the provisions of Section 123 of the Army Act, 1950 after his superannuation on 30.06.2020. It is alleged that
he had been taken into custody on 25.09.2019 and even though about an year is over, till date, neither the Charge - sheet has been issued to him nor
the imputation of allegations served and nor any action with regard to the investigation and trial in the matter, inter alia, contending that action initiated
under Section 123 of the Army Act is unsustainable, is violative of the rights availa ble to the applicant under Article 21 of the Constitution of India,
prayer made in this application is to release the applicant on bail.
Shri Anil Gautam, learned counsel appearing for the respondents points out that as per the requirement of the rules, applicant had been granted the
benefit of availing of leave as and when required during the period of custody. He was even granted one month's leave, but now as the investigation
and trial are to commence, learned counsel tries to justify the custody.
Having heard the learned counsel for the parties, we are of the considered view that the respondents cannot be permitted to keep the applicant in
custody in violation of the requirements of Article 21 of the Constitution and prolong the investigation and trial in the manner as has been done.
On the contrary, in our considered view, interest of justice would be met in case the applicant is directed to be released on bail. He is further
directed to cooperate with the investigation and trial and appear before the Competent Authority as and when required by them. Accordingly, we
dispose of this application with the following directions :
(i) The applicant shall be released on bail on his furnishing a personal bail-bond of Rs. 5,000/ - (Rupees Five Thousand only) to the satisfaction of the
Competent Authority i.e. Commanding Officer, 194, Medium Regt., Meerut Cantt, UP and will undertake to be present before the Competent
Authority as and when directed or before any Authority as may be ordered by the Competent Authority.
(ii) That the applicant shall not commit any further offence.
That the applicant shall surrender his passport, if any, to the Competent Authority.
Needless to emphasise that in case of any breach by the applicant, respondents will have the liberty to invoke jurisdiction of this Tribunal and seek
modification of this order.
That apart, in case the trial commences, the respondents will have the liberty to proceed with the trial in accordance with the statutory rules as
applicable.
With the aforesaid, the OA (Appeal) stands disposed of.
The order be communicated to the Commanding Officer, 194 Medium Regt, Meerut Cantt., U.P. by way of Speed Post! Private Courier service
and also via electronic media.
A copy of this order be given Wasti'.