Merely Because Co Accused Are Absconding Cannot Be A Ground To Deny Benefit Available Under High Powered Committee Recommendations: Delhi High Court

The Delhi High Court has observed that merely because other co accused persons are absconding, cannot be a ground to deny benefit to an undertrial prisoner under the recommendations made by the High Powered Committee.

The observation came from a single judge bench comprising of Justice Rekha Palli while granting interim bail to an undertrial prisoner of 27 years of age for a period of 45 days, accused in a murder case.

Application seeking interim bail for 45 days was filed by the petitioner on the ground that the case was covered by the HPC guidelines.

It was submitted that the petitioner had already spent more than 2 years as a UTP in jail owing to the fact that he was under judicial custody since 24th May 2019.

Submitting that the chargesheet was filed in the case, the petitioner prayed for an interim suspension of sentence for a period of 45 days in accordance with Delhi High Court's HPC guidelines.

On the other hand, the State had opposed the said application by relying on an additional criteria of the HPC guidelines saying that the petitioner do not have an indivisible right to be released on interim bail.

Finding merit in the aforesaid submission, the Court observed thus:

"….. 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."

Coming to the facts of the case, the Court noted that the petitioner, being a young man of 27 years, having good conduct in jail and not alleged to be previously involved in any case must be granted the relief under HPC guidelines.

"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. I also do not find any 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." The Court observed.

Furthermore, the Court directed thus:

"The petition is, accordingly, 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. Upon being released on interim bail, the petitioner shall neither leave the NCR of Delhi nor contact any of the prosecution witnesses. The petitioner will provide his mobile number, and that of the surety to the concerned IO, which numbers will be kept operational at all times."

In view of the recent surge in covid 19 cases, the High Powered Committee of the Delhi High Court had last month for discussing affirmative and effective steps to prevent the outbreak of COVID-19 inside jails and for ensuring social distancing inside prisons by identifying and determining the class or categories of prisoners who can once again be released on interim bails or paroles.

The High Powered Committee under the Chairpersonship of Justice Vipin Sanghi was constituted last year for determining the covid conditions inside the jail premises.

Title: SHEKH RAHIM @ SANVAR @ ANVAR v. THE STATE OF N.C.T. DELHI

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