Delhi High Court - Orders
Himanshu@Golu vs The State (Govt. Of Nct Of Delhi) on 8 January, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4058/2020
HIMANSHU@GOLU ..... Petitioner
Through: Mr. Sumit Choudhary, Mr. Nitin
Bansal, Advs.
versus
THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent
Through: Mr. Kewal Singh Ahuja, APP for
State with Inspr. Mukesh Kumar. SI
Hawa Singh.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 08.01.2021 (through video conferencing) The applicant vide the present application has sought the grant of interim bail for a period of 45 days in relation to the FIR No.786/2018, PS Mangolpuri, under Sections 394/397/302/506/411/34 of the Indian Penal Code, 1860 r/w Section 25/27 of the Arms Act, 1959 submitting inter alia to the effect that the applicant falls within the ambit of the minutes of the Hon'ble High Powered Committee of this Court dated 18.05.2020 and that the applicant has been incarcerated since 25.08.2018 and more than a period of 2 years have since elapsed with no previous adverse antecedents against him, the applicant is entitled to be considered for grant of interim bail for a period of 45 days. It has further been submitted on behalf of the applicant that the prevailing pandemic has been a ground for taking into account the de-congesting of the prisons and in terms of the minutes of the Hon'ble High BAIL APPLN. 4058/2020 page no.1 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:11.01.2021 18:26:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Powered Committee of this Court, several accused persons and other inmates have been allowed to be released on interim bail. It has been submitted on behalf of the applicant that the co-accused in the instant case named Nikhil has been granted bail by the learned trial Court vide order dated 18.09.2020 in this very case observing inter alia to the effect that "without going to the merits of the case and the nature of allegations, the case of the accused is squarely covered under the HPC guidelines dated 18.05.2020 as he has no previous involvements and is in custody for more than 2 years and his conduct his satisfactory, the accused in that case was allowed to be released on interim bail for a period of 45 days subject to terms and conditions as imposed thereby"
On behalf of the State the prayer is vehemently opposed inter alia placing reliance on the nominal roll of the appellant as received from the Superintendent of Prison, Central Jail No.10, Rohini to contend to the effect that the appellant has been awarded punishments on 09.02.2019 and 29.08.2019 and that the conduct of the appellant at the jail has been unsatisfactory with the applicant having been quarrelling with other inmates and hurting them and using abusive language, for which punishments have also been imposed on him by the concerned District & Sessions Judge. Inter alia it is submitted on behalf of the State that the HPC guidelines are not applicable to the offences punishable under Sections 394/397 of the Indian Penal Code, 1860 and this aspect has been expressly dealt with by the Hon'ble High Powered Committee of this Court vide minutes dated 31.07.2021 where a representation of an applicant named Deepak Kherwal, an undertrial prisoner lodged in Jail No.3, Tihar for over 8 years being an BAIL APPLN. 4058/2020 page no.2 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:11.01.2021 18:26:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
accused in FIR No.08/2012, PS Swaroop Nagar, under Sections 302/397 of the Indian Penal Code, 1860 was dealt with with observations to the effect:
"It is pertinent to mention here that this Committee in its meeting dated 18.05.2020 had recommended release of, "Under trial prisoners (UTPs) facing trial for a case under Section 302 IPC and are in jail for more than two years with no involvement in any other case", for grant of interim bail for a period of 45 days. It is apparent that the applicant in the present FIR is facing trial for an additional offence U/s 397 IPC besides offence U/s 302 IPC. Members of the Committee while laying down the criteria on 18.05.2020 had intentionally omitted such like offences i.e. dacoity, robbery, kidnapping for ransome etc., The said class/category of cases and sections of IPC, therefore, were not mentioned in the minutes while laying down criteria in meeting dated 18.05.2020."
observing thus to the effect that qua the offence punishable under Section 397 of the Indian Penal Code, 1860, the said class/ category of cases and sections of the Indian Penal Code, 1860 were not mentioned in the minutes while laying down the criteria in the meeting and the case of that applicant was not covered under the guidelines laid down by the Hon'ble High Powered Committee of this Court vide its meeting dated 18.05.2020 and that the Committee thus dealt with the representation of that accused Deepak Kherwal to be unmerited and the same was rejected.
Reliance is also placed on behalf of the State on the minutes of the meeting dated 20.06.2020 of the Hon'ble High Powered Committee of this Court. Vide its minutes dated 20.06.2020, the Hon'ble High Powered Committee of this Court did not consider it appropriate despite the prevailing pandemic to bring into the category of offences for consideration BAIL APPLN. 4058/2020 page no.3 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:11.01.2021 18:26:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
of grant of interim bails, the commission of an alleged offence punishable under Section 364A of the Indian Penal Code, 1860 and thus had observed to the effect:
"Members of the committee have perused the orders dated 17.06.2020 passed by Hon'ble High Court and as required, it is hereby clarified that while categorizing the class / category of offences, this Committee in its last meeting had intentionally omitted such like offences i.e. kidnapping for ransom and dacoity etc. The said class/ category of cases and sections of IPC therefore, have not been mentioned in the Minutes while laying down the criteria in the Meeting dated 18.05.2020."
submitting thus to the effect that strict interpretation of the minutes of the Hon'ble High Powered Committee of this Court dated 18.05.2020, 20.06.2020, 31.07.2020 have to be taken into account and the prayer thus made by the applicant seeking grant of interim bail on the ground of the condition in the prisons due to the prevailing pandemic and the guidelines of the Hon'ble High Powered Committee of this Court do not in any manner aid and assist the applicant.
Reliance is also sought to be placed on behalf of the State on the proceedings in Bail Appln. 1763/2020, dated 18.07.2020 titled as Yashpal Vs. State of Delhi, Bail Appln. 1441/2020, dated 07.07.2020 titled as Anil Vs. State, Bail Appln. 1593/2020, dated 08.07.2020 titled as Mukesh Kumar Sharma Vs. State of NCT of Delhi to contend to similar effect.
Taking into account the minutes of the Hon'ble High Powered Committee of this Court dated 18.05.2020, 20.06.2020, 31.07.2020, it is apparent that the offences punishable under Section 394/397 of the Indian Penal Code, 1860 do not fall within the ambit of the minutes of the Hon'ble BAIL APPLN. 4058/2020 page no.4 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:11.01.2021 18:26:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
High Powered Committee of this Court dated 18.05.2020 to even entitle the applicant for consideration of grant of interim bail for a period of 45 days on the basis of the prevailing pandemic.
In relation to the aspect that the c-accused has been granted interim bail on the premise that he has been incarcerated for 2 years and on the basis of the minutes of the Hon'ble High Powered Committee of this Court dated 18.05.2020, it is essential that the copy of this order be sent to all District Courts in Delhi through their District & Sessions Judges through the Registrar General of this Court to apprise that the offences punishable under Sections 394/397 of the Indian Penal Code, 1860 do not fall within the ambit of consideration for the grant of interim bail for a period of 45 days in terms of the minutes of the Hon'ble High Powered Committee of this Court dated 18.05.2020, 20.06.2020 and 31.07.2020. However, this does not amount to any embargo for the consideration of the grant of interim bails in such cases even qua offences punishable under Section 394/397 of the Indian Penal Code, 1860 de hors the consideration of the aspect of the minutes of the Hon'ble High Powered Committee of this Court referred to hereinabove.
Further, a submission is made on behalf of the petitioner by learned counsel for the petitioner that even the ingredients of the alleged commission of the offence punishable under Section 307 of the Indian Penal Code, 1860 and the consequential demise of the injured is not made out and cannot be attributed to any act of the applicant in as much as the alleged stab injury was on the thigh of the injured and could not have been within the knowledge of the applicant that the same was such a vital part of a person of the injured which could have caused his demise. Taking into account BAIL APPLN. 4058/2020 page no.5 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:11.01.2021 18:26:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
however the aspect that as per the status report, the injuries sustained by the injured were of a nature which resulted into the demise of the injured, even the said submission does not merit consideration.
The application is thus dismissed.
ANU MALHOTRA, J
JANUARY 8, 2021
vm
BAIL APPLN. 4058/2020 page no.6 of 6
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:11.01.2021
18:26:29
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.