The Armed Forces Tribunal (AFT) has held that a soldier convicted by a court martial can be granted bail even if the trial proceedings are awaiting confirmation by the competent military authority.

In accordance with the law, all findings and sentences passed by a court martial have to be confirmed by the designated higher authority depending on the type of court martial and the rank of the individual tried, before these can be promulgated.

A District Court Martial (DCM) had tried an Air Force Sergeant for professional misdemeanour and sentenced him to detention for a period of two months and reduction in rank.

The Air Force had opposed the suspension of sentence and grant of bail, contending that until the findings and sentence of the DCM are confirmed by the competent authority, the trial proceedings cannot be said to have attained finality and, therefore, grant of bail at this stage would not be appropriate.

“The pendency of confirmation proceedings cannot be permitted to result in continued detention without due consideration of the applicant’s right to personal liberty, as guaranteed under Article 21 of the Constitution of India,” the Tribunal’s Bench, comprising Justice Rajendra Menon and Lt Gen CP Mohanty, ruled.

“Merely because the process of confirmation of the findings and sentence awarded by a court martial is pending, the same cannot operate as an impediment to the exercise of jurisdiction by this Tribunal to consider suspension of the sentence and grant of bail,” the Bench said.

Observing that the applicant had already undergone detention for a period of 35 days, which is more than half of the total sentence of two months’ detention, the Bench said that the period of detention already undergone shall necessarily be taken into account while computing the total period of sentence.

“Taking note of the aforesaid circumstances, we are satisfied that this is a fit case in which the sentence of detention deserves to be suspended and the applicant granted bail, pending confirmation of the findings and sentence by the competent authority, the Bench ruled while directing that the execution of the sentence of detention shall remain suspended pending confirmation, and the applicant be released on bail upon furnishing a personal bond.

The Bench, however, made it clear that the suspension of sentence is confined to the punishment of detention only. Insofar as the punishment of reduction in rank is concerned, the same shall be given effect immediately upon confirmation of the findings and sentence by the competent authority, in accordance with law. There shall be no stay on the implementation of the said punishment, the Bench said.