Delhi High Court - Orders
Anil Kumar @ Nillu vs State on 19 January, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1724/2021
ANIL KUMAR @ NILLU ..... Petitioner
Through: Mr. Rajinder Singh and Mr. Piyush
Gupta, Advocates.
versus
STATE ..... Respondent
Through: Mr. Amit Chadha, APP for the State.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 19.01.2022 HEARD THROUGH VIDEO CONFERENCING
1. This application under Section 439 Cr.P.C has been filed for grant of interim bail to the petitioner in FIR No.14/2014 dated 26.03.2014, registered at Police Station Special Cell for the offences under Sections 468/471/201 IPC and Sections 20/29 of NDPS Act, 1985.
2. During the course of submissions, it was found that the petitioner has already served 7 years and 10 months as an under-trial.
3. The learned counsel for the petitioner places reliance upon the judgment of the Apex Court in Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) vs. Union of India, (1994) 6 SCC 731 wherein the Apex Court has observed as under:
15. xxxx
(iii) Where the undertrial accused is charged with an offence(s) under the Act punishable with minimum imprisonment of ten years and a minimum fine of Rupees one lakh, such an undertrial shall be released on bail if he has been in jail for not less than five years provided he furnishes bail in the sum of Rupees one lakh with two sureties for like amount.Signature Not Verified
BAIL APPLN. 1724/2021 Page 1Signed Digitally of 2 By:RAHUL SINGH Signing Date:20.01.2022 19:07
4. Learned counsel for the petitioner states the petitioner be released on regular bail.
5. Ordinarily, the bail applications, which are filed for interim bail, are not converted to one as for regular bail. However, considering the facts and circumstances of the case and the fact that the petitioner has already served 7 years and 10 months as an under-trial and also the fact that the trial has yet to be concluded, this Court is inclined to exercise its powers under Section 482 Cr.P.C to convert this interim bail application as one for regular bail.
6. Mr. Amit Chadha, learned APP for the State, states that the judgment of the Apex Court in Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) vs. Union of India, (1994) 6 SCC 731 (supra) was only a one time measure and there is no mandate that in all cases an under-trial who has been imprisonment for more than 5 years in which the minimum imprisonment is 10 years ought to be automatically granted bail.
7. Mr. Chadha, learned APP, seeks some time to further search out on the question as to whether in subsequent cases where under-trials facing trial for offence punishable under the NDPS Act have served more than five years and have not been granted bail. He, therefore, seeks ten day's time for the same.
8. Both the parties are at liberty to file relevant judgments on which they seek to place reliance upon.
9. List on 02.02.2022, for final hearing.
SUBRAMONIUM PRASAD, J
JANUARY 19, 2022
S. Zakir
Signature Not Verified
BAIL APPLN. 1724/2021 Page 2Signed
Digitally of 2
By:RAHUL SINGH
Signing Date:20.01.2022
19:07