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[Delhi Riots] Delhi Court Dismisses Plea For Interim Bail By An Accused In Police Constable Murder Case [Read Order]
Karan Tripathi
25 Sept 2020 11:11 AM IST
![[Delhi Riots] Delhi Court Dismisses Plea For Interim Bail By An Accused In Police Constable Murder Case [Read Order]](https://www.livelaw.in/h-upload/2020/02/27/750x450_370707-delhi-riots-03.jpg "[Delhi Riots] Delhi Court Dismisses Plea For Interim Bail By An Accused In Police Constable Murder Case [Read Order]")
Delhi High Court has dismissed an application for interim bail filed by Saleem Khan, one of the accused in the Delhi Riot case .He has filed the plea seeking interim bail for a period of one week, filed by the applicant on the ground of death of his sister Smt.Sarvari Begum, aged about 75 years, at Kannauj, Uttar Pradesh.The prosecution case is that the applicant is involved in the cases...
Delhi High Court has dismissed an application for interim bail filed by Saleem Khan, one of the accused in the Delhi Riot case .
He has filed the plea seeking interim bail for a period of one week, filed by the applicant on the ground of death of his sister Smt.Sarvari Begum, aged about 75 years, at Kannauj, Uttar Pradesh.
The prosecution case is that the applicant is involved in the cases of rioting and murder of HC Rattan Lal (present case) and being one of the main conspirators of riots in North-East Delhi as an accused in case FIR No.59/2020, investigated by Special Cell of Delhi Police.
Delhi Police informed a trial court in Delhi that certain accused persons in the Delhi riots cases are allegedly taking undue advantage of what is being termed as 'COVID bail.'
A Special Public Prosecutor appearing for the police informed the Additional Sessions Judge Vinod Yadav that these accused persons first seek interim bail of one week on 'humanitarian grounds' and then never come back to the prison by claiming relief under the extension of 'COVID bails' granted by the Full Bench of the Delhi High Court in a suo moto matter.
Prosecution also submitted that there are other five brothers and four sisters of the applicant, besides five children and husband of deceased Smt.Sarvari Begum, who can very well take care of the post-death ceremonies. Even otherwise, it will be highly unsafe to admit the applicant on interim bail in the case, as he seeks permission to go to Kannauj, Uttar Pradesh, which is about 450 K.Ms from Delhi.
Certain Accused Of Delhi Riots Are Taking Advantage Of 'COVID Bail' To Avoid Incarceration
While contesting the bail application, the Special PP submitted that:
'the misuse of the interim bail granted to the accused persons in the cases of riots on "humanitarian grounds" is quite prevalent; as here they seek interim bails on "humanitarian grounds" for a very short period, like in this case for a period of one week and before the expiry of one week, they file an application seeking extension of the interim bail on the ground that the Full Bench of Hon'ble High Court of Delhi has been pleased to extend all the interim bails during Covid-19 pandemic till 31.10.2020. In case, this Court dismisses such applications, then they do not hesitate to approach the Hon'ble High Court and several orders have been received in such cases from the Hon'ble High Court, whereby interim bails have been extended treating these bails to be "Covid bails".'
After perusing these arguments, the court rejected the bail plea by holding that the possibility of the accused misusing his liberty while being out on bail can't be ruled out.
[Read Order]
