Decided on September 16,2002

HARPAL Appellant


- (1.)DELAY condoned. Leave granted. During the course of hearing, we have been taken through the evidence which, however, does not find any reference in the judgment impugned in this appeal. The High Court's five - page order does not in any way record the observations as a first appellate court as regards scrutiny of evidence: mere reference to a particular witness and that he is otherwise a trustworthy witness cannot possibly subserve the ends of justice since justice needs a proper consideration of the matter and in a first appeal, there exists an obligation on the High Court to deal with and discuss the matter upon scrutiny of the relevant evidence and then come to a conclusion as to whether there is any error on the part of the learned Sessions Judge to deal with the matter in the manner as has been done. Unfortunately, this Court has been passing orders of the same nature reminding the High Courts of their bounden obligation under the law but it seems to have no effect and the High Courts are still continuing with this trend unabated.
(2.)THE matter in issue also is one such wherein the High Court thought it fit to deal with the matter in a summary fashion - this is neither fair nor proper. Liberty of an individual has to be kept in mind and a cherished right ought not to be affected unless there is proper application of mind in accordance with law. Unfortunately, in the present matter from the judgment impugned it does not appear so.
In the wake of the aforesaid, we do feel it expedient to set aside the order as passed by the High Court and remit the matter to the High Court for being dealt with upon affording an opportunity of hearing to the parties in accordance with law. It is ordered accordingly.

(3.)THE appeal stands disposed of.

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