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Judgment
17 paragraphs · 264 wordsMA 290/2020
Vide this application, applicant seeks bail during the pendency of the present OA. As per the findings of the court martial, the applicant has been held
guilty of the charges u/s 45 and 69 of the Army Act and sentenced him to be cashiered and suffer rigorous imprisonment for three months.
It is submitted by learned Senior Counsel for the respondents that OA is premature as the findings have not so far been confirmed by the competent
authority.
Keeping in view the fact that the applicant has been sentenced to be cashiered and to suffer rigorous imprisonment for three months only and so far
findings have not attained finality, the applicant is ordered to be released on bail on furnishing personal bond in the sum of Rs. 20,000/- with a surety of
like amount to the satisfaction of the Principal Registrar. AFT (PB1 Delhi and subject to the following other conditions:
i) The applicant shall not leave [Union Territory of Delhi without prior permission of the Tribunal.
ii) he shall surrender his passport, if any. with the Principal Registrar(PB),AFT Delhi. In case. he does not hold a passport, an affidavit to this effect
be filed.
iii) The applicant would report for promulgation of the sentence as and when required.
MA stands disposed off.
OA (Appeal) 151/2020
Short reply has been filed by the respondents regarding maintainability of the OA. In case of need, applicant may file response to this reply.
List for hearing on the maintainability of the OA on 24.08.2020.
Copy of the order be given dasti to both the parties.