Justice cites incarceration since July 2023 and pending case backlog as reasons for interim relief
The Allahabad High Court recently granted bail to lawyer Mohd Haroon, who was convicted of stalking and harassing a judicial officer in Hamirpur. Haroon, sentenced to four years of imprisonment by a trial court, had been in jail since July 2023.
The bail was granted by Justice Ram Manohar Narayan Mishra, who noted the likelihood of delays in the hearing of Haroon’s criminal revision petition due to the Court’s backlog of cases.
“Considering the rival submissions made by the parties and nature of offence and the quantum of punishment awarded and the fact that revisionist is in jail since 11.7.2023 and the revision is not likely to be decided early, due to pendency of backlog cases and without further commenting on the merits of the case, this Court deems it fit to enlarge the accused-revisionist on bail during the pendency of this revision,” the Court said.
Background of the Case
Haroon, a practicing lawyer in Hamirpur’s District Court, faced allegations of persistently stalking a judicial officer, passing inappropriate sexual remarks, and invading her privacy. The complainant filed an FIR against him under multiple sections of the Indian Penal Code, including:
- Section 354: Assault or criminal force to outrage a woman’s modesty
- Section 354A(1)(IV): Sexual harassment
- Section 354-D: Stalking
- Section 509: Words, gestures, or acts intended to insult the modesty of a woman
The Chief Judicial Magistrate (CJM) of Hamirpur convicted Haroon and sentenced him to four years in prison. This was later upheld by the Additional District and Sessions Judge, prompting Haroon to approach the Allahabad High Court with a criminal revision petition.
Arguments Presented
Haroon’s counsel argued that the case was exaggerated and lacked direct evidence of inappropriate communication. It was emphasized that Haroon had apologized multiple times to the complainant, but these gestures were misunderstood. The defense also pointed out that Haroon had served over two years of his sentence, exceeding half of the maximum term.
The State opposed the bail application, highlighting the gravity of the charges and the fact that the complainant was a judicial officer in the same district. However, it conceded that Haroon had served a significant portion of his sentence.
Court’s Decision
Acknowledging the competing arguments, Justice Mishra granted Haroon bail, citing the following factors:
- The substantial period Haroon had already spent in jail since July 2023.
- The unlikelihood of an early resolution due to the backlog of pending cases.
The Court ordered Haroon’s release on bail, subject to a personal bond of ₹50,000 and two sureties of the same amount.
