On Thursday, a Delhi Court dismissed the interim bail plea of a north-east district violence case accused, involved in the assault & resultant death of Head Constable Rattan Lal.
Mohammed Ayyub, through his Lawyers Salim Malik & Sonia Pandey, had sought interim bail for a period of eleven days -- Sept 30 to Oct 10 -- on the grounds of performing "Chaliswa ceremony" & other rituals for his deceased father Late Ali Sher.
However, dismissing the bail appeal, the additional sessions judge said: "The offences alleged against the applicant in the matter are quite serious as the present case pertains to an assault upon police force & resultant death of Head Constable Rattan Lal & severe injuries suffered by Amit Kumar Sharma, IPS, DCP-Shahdara; Anuj Kumar, IPS; & 51 other police personnel at the hands of rioters."
The judge agreed to the arguments of the special public prosecutor (PP) that the applicant has three more brothers "who can very well perform the remaining ceremonies".
The Court said that "In addition, the applicant has three sisters... It is further a matter of record that the applicant has already availed the benefit of interim bail twice in the matter".
Special PP Amit Prasad said that the misuse of the interim bails granted to the accused persons in the cases of violence on "humanitarian grounds" is quite prevalent as they seek interim bails for a very short period & before its expiry, they file an application seeking an extension on the grounds that the Full Bench of the High Court of Delhi has extended all the interim bails during Coronavirus pandemic till Oct 31.
The state has already approached the Full Bench of the HC by way of a plea, seeking clarification in this regard. It is listed before the Full Bench on Sept 25.
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