May 31, 2019:
The Delhi High Court has cancelled the bail order of a serial offender overruling the lenient view of the Lower Court and ruled in favour of the petitioner (said to be his wife) who pleaded for the same.
The involvement of the accused in a series of crimes in the past was also brought to the notice of court of sessions when his bail application was being considered there. A mention of eight such cases has been made (in a tabulated form) at second and third pages of the impugned order. It is noted that the investigating agency/State was resisting release on bail, inter alia, on the ground that the second respondent is a habitual offender.
The Additional Sessions Judge, by the impugned order, however, noted the operative part of the order wherein another ASJ while granting release on bail to the second respondent/accused in different case, had observed that he was taking a “lenient view” since final conclusion of the trial (of that case) was to take some time. In the context of opposition with reference to past criminal records, the ASJ sidelined the submissions by observing that “the present case is triable by Magistrate”.
The learned counsel for the accused fairly conceded that it is inherent condition of a bail order that the accused will not indulge in any crime during the currency of the release on bail. He also conceded that the allegations of previous involvements cannot be sidelined merely on the fact that such cases are triable by the court of Magistrate.
The High Court though observing each and every factor minutely set aside the bail order. It did grant liberty to the respondent to approach the court of sessions by a fresh application for bail.
The Judgement has been delivered by HON'BLE MR. JUSTICE R.K.GAUBA.
Read the Judgment here:
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