Delhi HC slams 13-year delay in arresting murder convict post appeal

The Delhi High Court expressed displeasure over the 13-year delay in arresting a murder convict after his appeal was rejected. Calling it a systemic failure, the court has now issued new guidelines for coordination between courts, police, and jails.

The Delhi High court in a recent judgement, expressed strong displeasure over the fact that a murder convict did not surrender even after rejection of his appeal by the High Court in 2012. It took agencies 13 years to arrest the Convict. He was arrested in October 2025.

Court Slams 'Systemic Failure' Over 13-Year Delay

In view of the facts and circumstances surfaced during the hearing, the Delhi High Court framed guidelines to be followed by the concerned authorities. The High Court was dealing with a case of convict Sonu alias Sonu Singh alias Gopal, who was convicted on January 24, 2009, for murder during dacoity. Division Bench of Justices Navin Chawla and Ravinder Dudeja took note of the Status Report filed by the Superintendent of Jail, which reveals that the appellant was arrested as recently as 13th October 2025, and then sent to jail to serve the remaining sentence.

"The report submitted by the Jail Superintendent does not elaborate as to what effective steps were taken to secure the arrest of the appellant in the last thirteen years," the division bench said on January 27. The Court took serious note of the extraordinary delay of about thirteen years in securing the custody of the appellant, whose appeal had already been dismissed.

"It indicates the deficiencies in the post-conviction/bail follow-up and lack of coordination amongst the Trial Court, Jail Administration and the Police." The bench pointed out, "Such an unusual delay portrays a serious systemic failure in ensuring enforcement of judicial orders. Such like episodes corrode the credibility of the Criminal Justice System."

New Guidelines to Prevent Future Lapses

The High Court said that in order to ensure that such incidents do not re-occur in future, there is a need to ensure that a mechanism be set in place and for the said purpose, following guidelines are framed. The High Court directed that immediately upon the passing of any order granting interim bail or suspension of sentence, the Registry shall communicate the said order to the Trial Court, Jail Superintendent and the jurisdictional Police Station.

In case the sentence is suspended for a specified period, the Trial Court, after accepting the bond, shall fix and record the date of surrender and list the matter immediately after the said date, the High Court said.

"It shall be the duty of the Jail Superintendent to intimate the Trial Court which accepted the bail bond as to whether the convict surrendered on the expiry of the specified period of interim bail, for taking further action," the High Court directed.

The division bench further directed, "In the event of failure of the convict to surrender on the due date and in the absence of any order extending the interim bail or suspension of sentence, the Trial Court shall take appropriate action as permissible in law to ensure that the convict is arrested and committed to prison."

The also said that cases where the appeal filed by the convict is dismissed and the convict is on bail, and even in cases where the appeal filed by the State/Complainant against acquittal is allowed, Superintendent Jail shall immediately pass the information to the Trial Court as to whether the convict has surrendered or not and, based on such report, the Trial Court shall take requisite steps and ensure that convict is committed to prison to serve the sentence.

Strict Compliance Ordered

The High Court has ordered strict compliance of the guidelines. The bench disposed of the petition, saying that no further orders are required in the present proceedings.

It requested the Registrar General to circulate a copy of this order to all the Criminal Courts, the Inspector General of Prisons and the Commissioner of Police for information and strict compliance. (ANI)

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