Maj. Devanad Singh v. Union Of India & Ors.

07.03.2017 The instant application is moved by the applicant for extension of the bail granted to him under Section 15(3) of the Armed Forces Tribunal Act, 2007 (for short the Act") vide order dated 29.05.2015, after he was held guilty and sentenced which was subject to the confirmation of the Competent Authority. Since the Competent Authority has not taken any decision in reasonably good period, the applicant moved this Tribunal through the medium of O.A. No.411/2015 and got a favourable order of bail under Section 15(3) of the Act by the Tribunal, operative part thereof readst

It is therefore, directed that on furnishing a personal bond in the sum of Rs.50,000/~(Rupees Fifty thousands) surety in the like to the ' ' of his F- J a Officer for his appearance before the Confirming Authority as and when required incorporating a specific condition that in the event of confirmation of the custodial sentence he shall surrender to his bail bonds for being committed to custody for undergoing the remaining part of the sentence the petitioner shall be released on bail till the date of decision to be taken by the Authority on the question as to the confirmation o! ndings and sentences recorded by the GCM. Needless to say that in the event of conrmation of the custodial sentence and promulgation thereof, the applicant shall be at liberty to move an appropriate ,, " " for ,_ ' of the of imprisonment.

2. Admittedly the order of guilt and the sentence has not been confirmed by the Competent Authority till date and in the said background, till the said order is confirmed, order dated 29.05.2015 passed by the Tribunal shall remain effective making it clear that it shall cease after confirmation by the Competent Authority and after that the applicant shall be at liberty to have recourse available to him in accordance with law.

3. M.A. No.272l2017 stands disposed of accordingly (VIRENDER SINGH) CHAIRPERSON (SANJIV LANGER) MEMBER (A) o7 03,2017ka