UNION OF INDIA Vs. MUKESH KUMAR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 2-9-2009 of a learned Single Judge of this Court whereby the respondent was ordered to be admitted to bail pending consideration of his Writ Petition SWP No. 1362/2009, questioning the conviction and sentence awarded by the Summary General Court Martial under sections 69 of the Army Act, contrary to sections 456 and 354 of the Ranbir Penal Code.

(2.) The respondent was admitted to Bail by the learned Single Judge on the solitary ground of his having been in custody for more than two years, when the punishment awarded to him was only two years. The learned Single Judge, therefore, did not comment on the merits of the legality or otherwise of the conviction and sentence awarded by the Summary General Court Martial.

(3.) Appearing for the appellants, Mr. Koul, the learned Central Government Standing Counsel submitted that the respondent remained in custody for a total period of 31 (Thirty One) days and the learned Single Judge had erred in admitting him to Bail on a factually incorrect basis and the order was, therefore, liable to be set aside.