- (1.) Yesterday after the judgment was pronounced in open court close to the rising of the court at 1 O'clock an application of the petitioner supported by his affidavit was presented to the court, this time represented by a counsel other than the one who argued the matter on merits, with a prayer that for 15days an interim bail be granted by the court and it was further submitted that the court: "pass such other and further order that may be deemed fit and proper in the circumstances of the case". As the application was moved close to the rising of the court the court had passed the following order: - "At the rising of the court this application supported by an affidavit has been moved on behalf of Suresh Chandra contemner, in effect, seeking bail for a period of 15 days so that an appeal can be filed against the sentence ordered today. Let this matter be put up tomorrow at 10 a.m. under intimation to learned counsel in contempt petition No. 49 of 1989. In the meantime the direction in the judgment delivered today, to the effect, that the contemner surrender to the Registrar, forthwith, will remain in abeyance until tomorrow when this application will be heard in the presence of the parties".
(2.) The court indicated to learned counsel presenting the application that he may have his say but it would be appropriate that learned counsel who had argued the matter for the applicant-contemner and learned counsel who represented the petitioner, be present so that whatever orders are passed are done in the presence of counsel for parties. Today, learned counsel who argued the case Mr. V. S. Saxena on behalf of the contemner and Mr. P. S. Baghe1 for the petitioner are present. Learned counsel for the contemner applicant now, Mr. Jagdish Singh Senghar, while addressing the court has drawn the court's attention to Section 19 of the Contempt of Courts Act, 1971, particularly clause (3). He submits that any power which the appellate court may have this court also does, to grant an interim bail which the applicant seeks. The prayer is opposed by learned counsel for the petitioner Mr. P. S. Baghel, with three submissions: (a) That the application seeking interim bail is not maintainable as the direction in the judgment was that the contemner shall surrender himself before the Registrar, immediately and this has not been done; (b) bail is granted to a person in custody and for anticipatory bail there is no law in this State and the contemner has not conformed to the order of the court to present and surrender himself before the Registrar and (c) an order in the nature which is being sought i.e. an interim bail has to be on satisfaction that this court may arrive that the applicant will file an appeal and then only an interim relief whether of suspension of punishment or interment can be considered. The proposition was put to learned counsel for the contemner Mr. Jagdish Singh Senghar, Advocate, that it may not be appropriate, regard being had to the circumstances that there was no order that the contemner be arrested and the applicant ought to have surrendered himself before the Registrar and simultaneously presented an application with a prayer that the commitment be not executed and the applicant have the opportunity before the court that has passed the judgment, to address himself in pursuance of sub-clause (3) of Section 19.
(3.) Learned counsel submitted that his client has no hesitation to go and surrender before the Registrar, however, the court must not insist upon it. In reference to the context the function of the court is not to persuade any party. The relief which the contemner seeks is to be considered within Section 19 which provides for appeals, particularly sub-clauses (2) and (3) providing for suspension of punishment and grant of bail. The expression in sub-clause (3) of Section 19 ".......... satisfies the High Court that he intends to prefer an appeal", is for a purpose. The word 'intends' occurring in this clause means an act yet to be done, an intention to be carried out. What overt act will a contemner present to a court under sub-clause (3), aforesaid, that as a measure of necessity he must later necessarily file an appeal. The act of surrender is one such assurance that having surrendered, he seeks suspension of the execution of the punishment or bail against an order of committal or arrest. In the present case the court left it upon the contemner to present himself before the Registrar, a formality which was evaded.;