'Appalled': Supreme Court Slams Lower Court, Orders Release Of Woman Jailed For Changing Lawyers

The Supreme Court on Thursday ordered the immediate release of a woman who had been jailed by a Faridabad sessions court after it cancelled her bail for changing her lawyer six times during a pending appeal. Calling the lower court’s conduct “appalling” and “shocking,” the top court said the decision to send her to custody was unjustified, especially when her sentence had already been suspended.

The case stemmed from cheque bounce proceedings under Section 138 of the Negotiable Instruments Act involving two dishonoured cheques of Rs 7 lakh and Rs 5.02 lakh issued by her mother. Both mother and daughter were convicted by the trial court, after which the woman appealed.

Bail Cancelled Over Counsel Changes

Despite the appeal being pending for over eight years, the appellate court cancelled her bail, observing she had changed lawyers more than six times, which it interpreted as non-cooperation. The Supreme Court rejected this reasoning, noting that if a lawyer was not assisting the court, the proper step would have been to appoint an amicus curiae or give her time to arrange a new lawyer.

The Bench added that the appellate court’s insistence on her personal appearance at every hearing, despite the suspension of sentence, had no justification. “It is appalling and shocking,” the Court said in its order, emphasising that none of the lower court’s actions aligned with established procedure.

Lower Court Ignored Death Certificate, Medical Issues

The Supreme Court also flagged that the woman’s mother, a co-accused, had passed away and that a death certificate was submitted before the appellate court. Even then, the lower court refused to accept it and directed police verification instead.

The record showed the petitioner was unwell and had secured an exemption from appearance on August 22. The matter was adjourned to September 4. But when she reached court on the adjourned date, her bail had already been cancelled and a non-bailable warrant issued. She later surrendered and applied for bail on September 20, but the appellate court rejected her plea and took her into custody.

Judicial Delay Added to Her Distress

The woman approached the Punjab and Haryana High Court, but her plea remained unheard due to repeated adjournments. She then moved to the Supreme Court, which observed that questions of bail handling in pending appeals required clarity and potentially new guidelines. The Court sought details of procedural rules from the State for this purpose.

The Bench noted that the petitioner was a woman suffering from medical problems, with a doctor’s certificate to support her condition. “She cannot be allowed to languish in jail when her appeal is still pending and her sentence already suspended,” the judges said.

SC Orders Immediate Release

The Supreme Court directed the Faridabad jail authorities to release her by 4 p.m. the same day and to confirm compliance through email and communication with the local court. The case will be taken up again after three weeks.

Senior Advocate Vaibhav Gaggar, along with advocates Dhruv Gautam, Dhruv Dewan, and Vansh Shrivastava, represented the petitioner. Advocate Akshay Amritanshu appeared for the respondent.

A Stark Reminder of Lower Court Excesses

This case exposes troubling inconsistencies in how bail conditions are enforced across courts. The Supreme Court’s strong language suggests deep concern about procedural overreach and the human cost of judicial delays. It also signals the need for more uniform guidelines to ensure that an accused is not punished for administrative or legal mismanagement, especially when dealing with appeals pending for years.