Citing Recent Delhi HC Order, Trial Court Grants Bail To Delhi Riots Accused In All Other FIRs Against Him [Read Order]

In that May 29 order, the Delhi High Court had granted bail to Faizal Khan in of the FIRs against him by noting that prison is primarily for punishing convicts ; not for detaining undertrials in order to send any 'message' to society.

The court had highlighted:

''The remit of the court is to dispense justice in accordance with law, not to send messages to society. It is this sentiment, whereby the State demands that undertrials be kept in prison inordinately without any purpose, that leads to overcrowding of jails ; and leaves undertrials with the inevitable impression that they are being punished even before trial and therefore being treated unfairly by the system. If at the end of a protracted trial, the prosecution is unable to bring home guilt, the State cannot give back to the accused the years of valuable life lost in prison.

On the other hand, an accused would of course be made to undergo his sentence after it has been awarded, after trial.'

Relying upon the said order, on Saturday, the trial court in Karkardooma granted bail to Firoz Khan in other FIRs registered against him for offences under sections 147,148,149,427, and 436 of the Indian Penal Code.

While granting bail, the said trial court noted that:

'Keeping in view the fact that the circumstances of the present case falls squarely within purview of judgment of the Hon'ble High Court of Delhi, and also keeping in view the fact that accused is not required for any further interrogation by the police, the bail application stands allowed and accused is directed to be released from JC in this case.'

During the proceedings, however, the Delhi Police had strongly opposed the bail application and stated that accused was part of mob who were involved in riots, stone pelting and destruction of public property alongwith other co-accused persons.

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