2021 (6) TMI 1169 - HC - Indian Laws

Seeking grant of Interim bail - petitioner has already spent more than two years as an under-trial prisoner - charge sheet against the petitioner already stands filed - HELD THAT - Even the case of an under-trial or a convict falls within the categories set out by the HPC, and he does not have any indivisible right to claim that he ought to be granted interim suspension/bail, as the case may be. Each case is required to be considered on its own merits by taking into consideration the guidelines laid down by the HPC. In the present case, the petitioner is a young man of 27 years of age, whose conduct in jail has been certified to be good and he is not alleged to be previously involved in any case. In these circumstances, merely because that the other co-accused are absconding, cannot be a ground to deny the petitioner the benefit available under the recommendations made by the HPC. There are no reason to believe the bald statement of the respondent that in case the petitioner is released on interim bail, he will tamper with the investigation. Petition allowed by granting interim bail to the petitioner for a period of 45 days, subject to his furnishing a personal bond in the sum of Rs. 25,000/- with a surety of the like amount to the satisfaction of the Jail Superintendent.

Summary

Issues:
Interim bail application under Section 439, Cr.PC for a period of 45 days based on HPC guidelines in a case involving charges under Sections 302/34 IPC.

Analysis:
The petitioner, a 27-year-old with a clean record, filed for interim bail citing HPC guidelines due to spending over two years as an under-trial prisoner. The petitioner's conduct in jail has been good, and he has no prior criminal history. The charge sheet has already been filed against the petitioner. The respondent opposed the application, highlighting the seriousness of the offense under Section 302, IPC and the potential tampering with the investigation by the co-accused who are absconding.

The respondent argued against the petitioner's release based on HPC guidelines, emphasizing that meeting certain criteria does not guarantee an indivisible right to interim bail. Each case must be evaluated on its own merits following the HPC guidelines. The judge considered the submissions and reviewed the HPC meeting minutes from various dates, concluding that neither under-trials nor convicts have an absolute right to interim suspension/bail. The decision must align with the HPC guidelines.

Despite the co-accused being absconding, the judge found no valid reason to deny the petitioner interim bail under the HPC recommendations. The concern of tampering with the investigation was deemed unsubstantiated. Consequently, the petition was allowed, granting the petitioner interim bail for 45 days upon furnishing a personal bond and surety. The petitioner was directed not to leave Delhi or contact prosecution witnesses, providing contact details to the IO.

The judgment also scheduled another bail application for a later date before the Roster Bench.