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IN

$~9
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1352/2015
COURT ON ITS OWN MOTION ..... Petitioner
Through : Mr. Manoj Ohri, Senior
Advocate / Amicus curiae
versus
STATE & ORS ..... Respondents
Through : Mr.Rahul Mehra, Standing
Counsel (Crl.) with Mr.Chaitanya
Gosain, Adv. for State.
Mr. Sumer Kumar Sethi, Advocate for
DSLSA
Ms. Meher Dev, Advocate with Prof.
Mrinal Satish and Prof. Aparna Chandra

CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 05.04.2018
1. Report has been filed by Mr. Manoj Ohri, learned Senior
Counsel / Amicus Curiae which has been taken on record.
2. Additionally, Dr. Aparna Chandra and Prof. (Dr.) Mrinal
Satish have filed a report dated 5th April, 2018, which has also been
taken on record.
2. The report filed by Dr. Aparna Chandra and Prof. (Dr.)
Mrinal Satish is pursuant to our order dated 7th November, 2017,
regarding bail related issues pertaining to Jail No.6, Central Jail,
Tihar, which houses women prisoners. The report is based on
examination of the reports of the prisoners with extremely pertinent

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issues, pointing out the violation of first principles of criminal law.

Non-compliance of express provisions and established principles of
law by binding judicial precedents is made out with regard to
proceedings in Trial Courts.
3. Let a copy of the brief submitted by Dr. Aparna Chandra
and Prof. (Dr.) Mrinal Satish, dated 5th April, 2018 be forwarded to
the Director, Delhi Judicial Academy to forthwith undertake
training programmes of all Judges in the District Judiciary in this
regard.
4. Prof. (Dr.) Mrinal Satish and Dr. Aparna Chandra will be
associated in the drawing up of the training programme and its
execution. The Director, Delhi Judicial Academy shall ensure that
attention of the trainee Judges is drawn to the statutory provisions
as well as to the judicial precedents before the commencement of
the trainings.
5. The Delhi Judicial Academy shall place a report for this
purpose stating the training module and schedule before this Court.
For the reasons of expediency, the trainings shall be held at the
District Court Complexes or at the nearest available Court
Complex (say, for the Judges of Patiala House District Courts the
training(s) would be scheduled at the Seminar Hall in the Saket
District Courts).
6. In the report dated 5th April, 2018 Dr. Mrinal Satish has
drawn our attention to the position which subsists in Case
No.582471/2016, State vs. Nagina @ Meena and Ors pending in
the Court of ASJ-05 (North) Rohini. It is pointed out that the

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accused in this case has been tried for the offence punishable under
Section 307/34 IPC; that she has been in custody since 25 th June,
2014; has applied for bail seven times and all 7 applications are
rejected mainly on the grounds of serious offences. Dr. Mrinal
Satish has pointed out that as per the guide lines in (1996) 3 SCC
8422, R. D.Upadhyay v. State of Andhra Pradesh that this
prisoner be granted bail since trial has continued against her for
more than two years.
7. In yet another Case No. 86209/2016 State Vs. Sunita pending
in the Court of ASJ-01 Shahdara, it is submitted that the accused
has been in custody since 15th June, 2016; the charge sheet
originally filed states that accused has committed offence
punishable under Section 406/420/506 read with Section 120B of
the IPC and that she would be also entitled to the benefit of bail in
terms of directions in R.D.Upadhyay (supra).
8. Let copy of this order be sent to Member Secretary, Delhi
State Legal Services Authority to take steps to examine the
position in the above two cases and take steps in accordance with
law at the earliest.
9. The Delhi Police shall ensure that no charge-sheet is filed in
any case without the written consent and approval of the
Prosecution Branch. Appropriate directions in this regard shall be
passed by the Commissioner of Police, Delhi and communicated to
all investigating officers.
10. Let a copy be also sent to Director, Delhi Judicial Academy;
Commissioner of Police; and Member Secretary, DSLSA, to

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ensure compliance.
11. List on 1st May, 2018.

Dasti under signature of the Court Master.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J
APRIL 05, 2018
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