Delhi High Court - Orders
Jumah Khan vs The State Govt. Of Nct Of Delhi on 18 April, 2023
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 991/2022 & CRL.M.A. 10079/2023
JUMAH KHAN ..... Petitioner
Through: Ms. Tanya Agrawal and Mr. Ajay
Singh, Advs.
versus
THE STATE GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Sunil Kumar Gautam, APP for
the State with Insp. Rahul Kumar, PS
Special Cell, Pandav Nagar.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 18.04.2023 CRL.M.A. 10079/2023
1. This application has been filed on behalf of the petitioner seeking further modification of the bail condition set out in judgment dated 05 th January, 2023. The original bail condition was modified by order dated 16th March, 2023 and the petitioner was to be released on furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount. However, it is contended in the application that the petitioner who is an Afghan National and has been in custody for the last 8 years and 8 months that he is unable to secure a surety for his bail considering he has lost all connections with friends and family.
2. In consonance with the directions of the Hon'ble Surpeme Court in Re: Contagion of Covid-19 Virus in Prisons and Director General (Prisons) [I.A No. 179931 of 2022] [Suo Moto Writ Petition (C) No. 01/2020] dated 24th March, 2023 that in such situations where the convict is unable to furnish a bail bond or sureties then the conditions have to be considered by the Court for modification/relaxation, the following directions Signature Not Verified Digitally Signed By:ANISH DAYAL are being passed.
3. The petitioner has appended various decisions of this Court inter alia Paulinus Asochukwu v. State, Zoro Daniel v. State, Akinola Timothy Olwasen v. State, to state that convicts have been released on cash surety as well.
4. In view of the provisions of Section 445 Cr.P.C. as also the submissions made by the learned counsel for the petitioner, the bail condition in order dated 05th January, 2023 read with 16th March, 2023 is further modified and the petitioner be released on furnishing a personal bond in the sum of Rs.50,000/- with one cash surety of Rs.25,000/- to be furnished to the satisfaction of the Ld. Trial Court and retained in the form an interest bearing fixed deposit.
5. No further directions are required.
6. Copy of the said be sent to the Jail Superintendent for information and compliance.
7. Accordingly, the application is disposed of.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 18, 2023/MK Signature Not Verified Digitally Signed By:ANISH DAYAL