The Delhi High Court recently comprising of a bench of Justice Subramonium Prasad while granting bail to a man booked under the Section 420,468,471,506,120B and 34 IPC observed that a convict who fulfills the requirements of HPC guidelines, can be granted interim bail. (Mudassir Habib Vs. State of NCT of Delhi)
Facts of the Case
This petition was filed under Section 439 Cr.P.C for grant of interim bail to the petitioner in FIR registered at Police Station Crime Branch, for offences under Section 420,468,471,506,120B and 34 IPC, on the ground of HPC guidelines.
Contention of the Parties
The counsel for the petitioner submitted that the petitioner was in custody since 03.03.2021 and drew the attention of the court to a HPC guideline dated 11.05.2021, which stated that where a under trial prisoner had three or more cases pending against him, then his case shall not be considered for the grant of interim bail.
The counsel for the petitioner contended that the said resolution squarely covers the petitioner. Further, The learned counsel for the petitioner states that a similar exclusion clause had been made in the earlier HPC guidelines also and when identical objections were raised, this Court, by an order dated 13.08.2020, had rejected those objections and had granted the benefit of HPC guidelines to the petitioner in Mohsin Khan v. State of NCT of Delhi, MANU/DE/1547/2020.
The counsel for the petitioner submitted that the petitioner was covered under clause II of the HPC guidelines dated 04.05.2021. To that, the APP for the state contended that the HPC guidelines dated 04.05.2021 would not be applicable to the petitioner as he was involved in one more case and also pointed out that cases investigated by the Crime Branch were excluded from the operation of the HPC guidelines.
Courts Observation & Judgment
The bench after hearing both the sides and going through the cases referred by the Counsel for the petitioner, held that the petitioner fulfilled the requirements of the HPC guidelines and hence granted him interim bail for 90 days from the date of his release, on furnishing of a personal bond of Rs, 25,000/ – with one surety of like amount to the satisfaction of the Jail Superintendent.
The bench asked the petitioner to provide all his mobile numbers to the Investigating Officer and keep them operational at all times and, was directed to report to the concerned Police Station on every Monday, Wednesday, and Saturday. Moreover, he was directed not to interfere or influence the investigation or inquiry process.
Lastly, the petitioner was directed to surrender to the custody immediately on the expiry of the interim bail before the concerned Jail Superintendent.
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