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'Take Your Freedom From The Cage You Are In' : Delhi Court Pens Down Bail Order In Poetic Style [Read Order]
LIVELAW NEWS NETWORK
8 Nov 2020 9:47 AM IST
A Sessions Court in Delhi adopted a poetic style to record its findings, leading to grant of bail to a person accused of rioting and attempted murder during the Delhi Riots in February 2020. "Take your freedom from the cage you are in;Till the trial is over, the state is reigned in.The State proclaims; to have the cake and eat it too;The Court comes calling; before the cake is eaten,...
A Sessions Court in Delhi adopted a poetic style to record its findings, leading to grant of bail to a person accused of rioting and attempted murder during the Delhi Riots in February 2020.
"Take your freedom from the cage you are in;Till the trial is over, the state is reigned in.The State proclaims; to have the cake and eat it too;The Court comes calling; before the cake is eaten, bake it too,"
-an excerpt from the poem.
The poem, written by ASJ Amitabh Rawat, records the facts of the case and sets out reasons as to why a case for bail is made out.
In the case at hand, the victim, Rahul, had suffered a gunshot injury. However, he became untraceable even before the police could record his statement. Thus, the accused Babu had been booked on the basis of a statement given by an eye witness, Constable Satish.
The Petitioner-accused had sought parity, inasmuch as one Imran, who was arrested earlier on the strength of the statement of Ct. Satish, was granted bail.
On a perusal of the facts of the case, ASJ Rawat was of the opinion that the Petitioner herein stands on even a better footing than Imran who is already enlarged on bail, and hence, the application has merits.
Expressing his will to pass the order in a "different way", the Judge wrote:
"State opposing tooth and nail.
Summers bygone, winters have arrived;
But crime you did, and Rahul cried.
I am not the one, I am not the one;
Too grave the charge, don't pretend.
Whom did I attack, where is he;
Oh! That we know, in the trial we will see.
You say I have said & I deny from the first blush;
Rahul may be gone yet Satish said.
Didn't we say; don't rush;
Let me go, let me go, even Imran is on bail.
Even then, even then;
it wouldn't be a smooth sail.
Stop! Stop! Stop! Stop;
I have heard, heard a lot.
Mind is clear, with claims tall;
Its my time to take a call.
Babu has a sordid past;
proof is scant, which may not last.
His omnipotence can't be assumed;
Peril to vanished Rahul, is legally fumed.
Take your freedom from the cage you are in;
Till the trial is over, the state is reigned in.
The State proclaims; to have the cake and eat it too;
The Court comes calling; before the cake is eaten, bake it too."
The Court thus granted bail to the Petitioner, upon furnishing of personal bond in the sum of Rs. 10,000/- with one local surety. He is also restrained from leaving the jurisdiction of NCT, Delhi without prior permission of the Court.
Read Order