Excelsior Correspondent
JAMMU, Dec 24: Under the guidance and patronage of Chief Justice (Chief Patron) and Justice Mansoor Ahmad Mir, Judge Incharge, State Judicial Academy, a refresher course on the topic “Sentencing and Bail” for Sub-Judges and Munsiffs of Jammu and Samba districts was conducted by the State Judicial Academy.
Addressing the participants, Abdul Wahid, Director, State Judicial Academy said that purpose of the refresher course was to enable the participants to update the legal knowledge and to sensitize them to the changing demands of criminal administration of justice regarding sentencing and bail.
“Sentencing and Bail are two vital components of administration of criminal justice. Giving punishment to wrongdoer is at the heart of criminal justice delivery, but in our country, it is the weakest part of administration of criminal justice”, he said, adding “there are no legislative guidelines laid down to assist the court in meting out just punishment to accused after he is convicted. It is the bounden duty of the courts to impose proper punishment depending upon the degree of criminality and desirability to impose such punishment as a measure of social necessity and as a means of deterring other potential offenders”.
He exhorted the Judicial Officers to invoke the provisions of amended Section 545 (c) of CrPC at the time of awarding sentence.
Bansi Lal Bhat, Special Judge (Anti-corruption) for CBI cases acted as Resource person. He explained the officers in detail the concept of sentencing the offender and giving him simple or rigorous imprisonment after he is convicted of charges.
“Judges should exercise discretion judiciously while awarding sentence to the offenders. The facts and circumstances, nature of crime, conduct of accused, mitigating and aggravating circumstances and all other attending circumstances are relevant considerations which should be kept in mind while imposing sentence on the accused”, he said, adding “perspective of victim of crime particularly, the agony and the suffering that he had undergone has also to be kept in mind while adjudging the quantum of punishment”.
During interactive session, various issues were highlighted by the participants and some doubts about the policy of Sentencing and Bail lurking in the minds of Judicial Officers were removed.
Meanwhile, refresher course on “Juvenile Justice Act ” for Sub-Judges and Munsiffs of Srinagar, Bugam and Ganderbal districts was conducted at Srinagar.
Syed Javed Ahmed, Retd District and Sessions Judge, acted as resource person. “Greater attention is required to be given to the children who are in conflict with law or those in need of care and protection”, he said.
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