Case Name : Rajesh Kumar vs Govt of NCT of Delhi Case Reference: Neutral Citation - 2011:DHC:6538-DB Case Number: WP C 5128/2011 Court: Delhi High Court Bench: 02 Coram: AK Sikri, Rajiv Sahai Endlaw Date: 19.12.2011
When the court is in seisin of a case, an executive authority is not allowed to pass any order with respect to what the court is seized of. (Para 8)
What the court has denied to the convict/accused cannot be granted by the Executive (Para 10)
The effect of bail/suspension of sentence and parole is release of person from detention of custody; if the court is seized of the appeal, Executive cannot be permitted to allow such sentence to run outside the bars. (Para 10)
If the court is not in a position to hear the appeal within a reasonable time, the court should ordinarily release the accused on bail.
– Refer also: KM Nanavati vs State of Bombay, AIR 1961 SC 112 Kashmira Singh vs State of Punjab, (1977) 4 SCC 291
See also: CrPC - Section 432
PDF: Rajesh Kumar vs Govt of NCT of Delhi, 2011-DHC-6539-DB, WP C 5128-2011.pdf